CS for CS for SB 54                              First Engrossed
       
       
       
       
       
       
       
       
       202154e1
       
    1                        A bill to be entitled                      
    2         An act relating to motor vehicle insurance; repealing
    3         ss. 627.730, 627.731, 627.7311, 627.732, 627.733,
    4         627.734, 627.736, 627.737, 627.739, 627.7401,
    5         627.7403, and 627.7405, F.S., which comprise the
    6         Florida Motor Vehicle No-Fault Law; repealing s.
    7         627.7407, F.S., relating to application of the Florida
    8         Motor Vehicle No-Fault Law; amending s. 316.646, F.S.;
    9         revising a requirement for proof of security on a
   10         motor vehicle and the applicability of the
   11         requirement; amending s. 318.18, F.S.; conforming a
   12         provision to changes made by the act; making technical
   13         changes; amending s. 320.02, F.S.; revising the motor
   14         vehicle insurance coverages that an applicant must
   15         show to register certain vehicles with the Department
   16         of Highway Safety and Motor Vehicles; conforming a
   17         provision to changes made by the act; revising
   18         construction; amending s. 320.0609, F.S.; conforming a
   19         provision to changes made by the act; making technical
   20         changes; amending s. 320.27, F.S.; defining the term
   21         “garage liability insurance”; revising garage
   22         liability insurance requirements for motor vehicle
   23         dealer applicants; conforming a provision to changes
   24         made by the act; amending s. 320.771, F.S.; revising
   25         garage liability insurance requirements for
   26         recreational vehicle dealer license applicants;
   27         amending ss. 322.251 and 322.34, F.S.; conforming
   28         provisions to changes made by the act; making
   29         technical changes; amending s. 324.011, F.S.; revising
   30         legislative intent; amending s. 324.021, F.S.;
   31         revising definitions of the terms “motor vehicle” and
   32         “proof of financial responsibility”; revising minimum
   33         coverage requirements for proof of financial
   34         responsibility for specified motor vehicles; defining
   35         the term “for-hire passenger transportation vehicle”;
   36         conforming provisions to changes made by the act;
   37         amending s. 324.022, F.S.; revising minimum liability
   38         coverage requirements for motor vehicle owners or
   39         operators; revising authorized methods for meeting
   40         such requirements; deleting a provision relating to an
   41         insurer’s duty to defend certain claims; revising the
   42         vehicles excluded from the definition of the term
   43         “motor vehicle”; providing security requirements for
   44         certain excluded vehicles; specifying circumstances
   45         when motorcycles are subject to financial
   46         responsibility requirements; conforming provisions to
   47         changes made by the act; conforming cross-references;
   48         amending s. 324.0221, F.S.; revising coverages that
   49         subject a policy to certain insurer reporting and
   50         notice requirements; conforming provisions to changes
   51         made by the act; creating s. 324.0222, F.S.; providing
   52         that driver license or registration suspensions for
   53         failure to maintain required security which were in
   54         effect before a specified date remain in full force
   55         and effect; providing that such suspended licenses or
   56         registrations may be reinstated as provided in a
   57         specified section; amending s. 324.023, F.S.;
   58         conforming cross-references; making technical changes;
   59         amending s. 324.031, F.S.; specifying a method of
   60         proving financial responsibility; revising the amount
   61         of a certificate of deposit required to elect a
   62         certain method of proof of financial responsibility;
   63         revising excess liability coverage requirements for a
   64         person electing to use such method; amending s.
   65         324.032, F.S.; revising financial responsibility
   66         requirements for owners or lessees of for-hire
   67         passenger transportation vehicles; amending s.
   68         324.051, F.S.; specifying that motor vehicles include
   69         motorcycles for purposes of the section; making
   70         technical changes; amending ss. 324.071 and 324.091,
   71         F.S.; making technical changes; amending s. 324.151,
   72         F.S.; revising requirements for motor vehicle
   73         liability insurance policies relating to coverage, and
   74         exclusion from coverage, for certain drivers and
   75         vehicles; defining terms; conforming provisions to
   76         changes made by the act; making technical changes;
   77         amending s. 324.161, F.S.; revising requirements for a
   78         certificate of deposit that is required if a person
   79         elects a certain method of proving financial
   80         responsibility; amending s. 324.171, F.S.; revising
   81         the minimum net worth requirements to qualify certain
   82         persons as self-insurers; conforming provisions to
   83         changes made by the act; amending s. 324.251, F.S.;
   84         revising the short title and an effective date;
   85         amending s. 400.9905, F.S.; revising the definition of
   86         the term “clinic”; amending ss. 400.991 and 400.9935,
   87         F.S.; conforming provisions to changes made by the
   88         act; amending s. 409.901, F.S.; revising the
   89         definition of the term “third-party benefit”; amending
   90         s. 409.910, F.S.; revising the definition of the term
   91         “medical coverage”; amending s. 456.057, F.S.;
   92         conforming a provision to changes made by the act;
   93         amending s. 456.072, F.S.; revising specified grounds
   94         for discipline for certain health professions;
   95         defining the term “upcoded”; amending s. 624.155,
   96         F.S.; providing an exception to the circumstances
   97         under which a person who is damaged may bring a civil
   98         action against an insurer; adding a cause of action
   99         against insurers in certain circumstances; providing
  100         that a person is not entitled to judgments under
  101         multiple bad faith remedies; creating s. 624.156,
  102         F.S.; providing that the section applies to bad faith
  103         failure to settle third-party claim actions against
  104         any insurer for a loss arising out of the ownership,
  105         maintenance, or use of a motor vehicle under specified
  106         circumstances; providing construction; providing that
  107         insurers have a duty of good faith; providing
  108         construction; defining the term “bad faith failure to
  109         settle”; specifying best practices standards for
  110         insurers upon receiving actual notice of certain
  111         incidents or losses; providing construction;
  112         specifying certain requirements for insurer
  113         communications to an insured; requiring an insurer to
  114         initiate settlement negotiations under certain
  115         circumstances; specifying requirements for the insurer
  116         when multiple claims arise out of a single occurrence
  117         under certain conditions; providing construction;
  118         requiring an insurer to attempt to settle a claim on
  119         behalf of certain insureds under certain
  120         circumstances; providing for a defense to bad faith
  121         actions; providing that insureds have a duty to
  122         cooperate; requiring an insured to take certain
  123         reasonable actions necessary to settle covered claims;
  124         providing requirements for disclosures by insureds;
  125         requiring insurers to provide certain notice to
  126         insureds within a specified timeframe; providing that
  127         insurers may terminate certain defenses under certain
  128         circumstances; providing construction; providing that
  129         a trier of fact may not attribute an insurer’s failure
  130         to settle certain claims to specified causes under
  131         certain circumstances; providing construction;
  132         specifying conditions precedent for claimants filing
  133         bad faith failure to settle third-party claim actions;
  134         providing that an insurer is entitled to a reasonable
  135         opportunity to investigate and evaluate claims under
  136         certain circumstances; providing construction;
  137         providing that insurers may not be held liable for the
  138         failure to accept a settlement offer within a certain
  139         timeframe if certain conditions are met; providing
  140         that an insurer is not required to automatically
  141         tender policy limits within a certain timeframe in
  142         every case; requiring the party bringing a bad faith
  143         failure to settle action to prove every element by the
  144         greater weight of the evidence; specifying burdens of
  145         proof for insurers relying on specified defenses;
  146         limiting damages under certain circumstances; amending
  147         s. 626.9541, F.S.; conforming a provision to changes
  148         made by the act; revising the type of insurance
  149         coverage applicable to a certain prohibited act;
  150         amending s. 626.989, F.S.; revising the definition of
  151         the term “fraudulent insurance act”; amending s.
  152         627.06501, F.S.; revising coverages that may provide
  153         for a reduction in motor vehicle insurance policy
  154         premium charges under certain circumstances; amending
  155         s. 627.0651, F.S.; specifying requirements for rate
  156         filings for motor vehicle liability policies submitted
  157         to the Office of Insurance Regulation implementing
  158         requirements in effect on a specified date; requiring
  159         such filings to be approved through a certain process;
  160         amending s. 627.0652, F.S.; revising coverages that
  161         must provide a premium charge reduction under certain
  162         circumstances; amending s. 627.0653, F.S.; revising
  163         coverages subject to premium discounts for specified
  164         motor vehicle equipment; amending s. 627.4132, F.S.;
  165         revising coverages that are subject to a stacking
  166         prohibition; amending s. 627.4137, F.S.; requiring
  167         that insurers disclose certain information at the
  168         request of a claimant’s attorney; authorizing a
  169         claimant to file an action under certain
  170         circumstances; providing for the award of reasonable
  171         attorney fees and costs under certain circumstances;
  172         amending s. 627.7263, F.S.; revising coverages that
  173         are deemed primary, except under certain
  174         circumstances, for the lessor of a motor vehicle for
  175         lease or rent; revising a notice that is required if
  176         the lessee’s coverage is to be primary; creating s.
  177         627.7265, F.S.; specifying persons whom medical
  178         payments coverage must protect; specifying the minimum
  179         medical expense and death benefit limits; specifying
  180         coverage options an insurer is required and authorized
  181         to offer; providing that each motor vehicle insurance
  182         policy furnished as proof of financial responsibility
  183         is deemed to have certain coverages; requiring that
  184         certain rejections or selections be made on forms
  185         approved by the office; providing requirements for
  186         such forms; providing that certain coverage is not
  187         required to be provided in certain policies under
  188         certain circumstances; requiring insurers to provide
  189         certain notices to policyholders; providing
  190         construction relating to limits on certain other
  191         coverages; requiring insurers, upon receiving certain
  192         notice of an accident, to hold a specified reserve for
  193         certain purposes for a certain timeframe; providing
  194         that the reserve requirement does not require insurers
  195         to establish a claim reserve for accounting purposes;
  196         specifying that an insurer providing medical payments
  197         coverage benefits may not seek a lien on a certain
  198         recovery and may not bring a certain cause of action;
  199         authorizing insurers to include policy provisions
  200         allowing for subrogation, under certain circumstances,
  201         for medical payments benefits paid; providing
  202         construction; specifying a requirement for an insured
  203         for repayment of medical payments benefits under
  204         certain circumstances; prohibiting insurers from
  205         including policy provisions allowing for subrogation
  206         for death benefits paid; amending s. 627.727, F.S.;
  207         revising the legal liability of an uninsured motorist
  208         coverage insurer; conforming provisions to changes
  209         made by the act; amending s. 627.7275, F.S.; revising
  210         required coverages for a motor vehicle insurance
  211         policy; conforming provisions to changes made by the
  212         act; creating s. 627.7278, F.S.; defining the term
  213         “minimum security requirements”; providing
  214         requirements, applicability, and construction relating
  215         to motor vehicle insurance policies as of a certain
  216         date; requiring insurers to allow certain insureds to
  217         make certain coverage changes, subject to certain
  218         conditions; requiring an insurer to provide, by a
  219         specified date, a specified notice to policyholders
  220         relating to requirements under the act; amending s.
  221         627.728, F.S.; conforming a provision to changes made
  222         by the act; making technical changes; amending s.
  223         627.7295, F.S.; revising the definitions of the terms
  224         “policy” and “binder”; revising the coverages of a
  225         motor vehicle insurance policy for which a licensed
  226         general lines agent may charge a specified fee;
  227         conforming provisions to changes made by the act;
  228         amending s. 627.7415, F.S.; revising additional
  229         liability insurance requirements for commercial motor
  230         vehicles; creating s. 627.747, F.S.; providing that
  231         private passenger motor vehicle policies may exclude
  232         certain identified individuals from specified
  233         coverages under certain circumstances; providing that
  234         such policies may not exclude coverage under certain
  235         circumstances; amending s. 627.748, F.S.; revising
  236         insurance requirements for transportation network
  237         company drivers; conforming provisions to changes made
  238         by the act; amending s. 627.749, F.S.; conforming a
  239         provision to changes made by the act; amending s.
  240         627.8405, F.S.; revising coverages in a policy sold in
  241         combination with an accidental death and dismemberment
  242         policy which a premium finance company may not
  243         finance; revising rulemaking authority of the
  244         Financial Services Commission; amending ss. 627.915,
  245         628.909, 705.184, and 713.78, F.S.; conforming
  246         provisions to changes made by the act; making
  247         technical changes; creating s. 768.852, F.S.;
  248         providing for a setoff on certain damages that may be
  249         recovered by a person operating certain motor vehicles
  250         who is not in compliance with financial responsibility
  251         laws; providing exceptions; amending s. 817.234, F.S.;
  252         revising coverages that are the basis of specified
  253         prohibited false and fraudulent insurance claims;
  254         conforming provisions to changes made by the act;
  255         providing an appropriation; providing effective dates.
  256          
  257  Be It Enacted by the Legislature of the State of Florida:
  258  
  259         Section 1. Sections 627.730, 627.731, 627.7311, 627.732,
  260  627.733, 627.734, 627.736, 627.737, 627.739, 627.7401, 627.7403,
  261  and 627.7405, Florida Statutes, are repealed.
  262         Section 2. Section 627.7407, Florida Statutes, is repealed.
  263         Section 3. Subsection (1) of section 316.646, Florida
  264  Statutes, is amended to read:
  265         316.646 Security required; proof of security and display
  266  thereof.—
  267         (1) Any person required by s. 324.022 to maintain liability
  268  security for property damage, liability security, required by s.
  269  324.023 to maintain liability security for bodily injury, or
  270  death, or required by s. 627.733 to maintain personal injury
  271  protection security on a motor vehicle shall have in his or her
  272  immediate possession at all times while operating such motor
  273  vehicle proper proof of maintenance of the required security
  274  required under s. 324.021(7).
  275         (a) Such proof must shall be in a uniform paper or
  276  electronic format, as prescribed by the department, a valid
  277  insurance policy, an insurance policy binder, a certificate of
  278  insurance, or such other proof as may be prescribed by the
  279  department.
  280         (b)1. The act of presenting to a law enforcement officer an
  281  electronic device displaying proof of insurance in an electronic
  282  format does not constitute consent for the officer to access any
  283  information on the device other than the displayed proof of
  284  insurance.
  285         2. The person who presents the device to the officer
  286  assumes the liability for any resulting damage to the device.
  287         Section 4. Paragraph (b) of subsection (2) of section
  288  318.18, Florida Statutes, is amended to read:
  289         318.18 Amount of penalties.—The penalties required for a
  290  noncriminal disposition pursuant to s. 318.14 or a criminal
  291  offense listed in s. 318.17 are as follows:
  292         (2) Thirty dollars for all nonmoving traffic violations
  293  and:
  294         (b) For all violations of ss. 320.0605, 320.07(1), 322.065,
  295  and 322.15(1). A Any person who is cited for a violation of s.
  296  320.07(1) shall be charged a delinquent fee pursuant to s.
  297  320.07(4).
  298         1. If a person who is cited for a violation of s. 320.0605
  299  or s. 320.07 can show proof of having a valid registration at
  300  the time of arrest, the clerk of the court may dismiss the case
  301  and may assess a dismissal fee of up to $10, from which the
  302  clerk shall remit $2.50 to the Department of Revenue for deposit
  303  into the General Revenue Fund. A person who finds it impossible
  304  or impractical to obtain a valid registration certificate must
  305  submit an affidavit detailing the reasons for the impossibility
  306  or impracticality. The reasons may include, but are not limited
  307  to, the fact that the vehicle was sold, stolen, or destroyed;
  308  that the state in which the vehicle is registered does not issue
  309  a certificate of registration; or that the vehicle is owned by
  310  another person.
  311         2. If a person who is cited for a violation of s. 322.03,
  312  s. 322.065, or s. 322.15 can show a driver license issued to him
  313  or her and valid at the time of arrest, the clerk of the court
  314  may dismiss the case and may assess a dismissal fee of up to
  315  $10, from which the clerk shall remit $2.50 to the Department of
  316  Revenue for deposit into the General Revenue Fund.
  317         3. If a person who is cited for a violation of s. 316.646
  318  can show proof of security as required by s. 324.021(7) s.
  319  627.733, issued to the person and valid at the time of arrest,
  320  the clerk of the court may dismiss the case and may assess a
  321  dismissal fee of up to $10, from which the clerk shall remit
  322  $2.50 to the Department of Revenue for deposit into the General
  323  Revenue Fund. A person who finds it impossible or impractical to
  324  obtain proof of security must submit an affidavit detailing the
  325  reasons for the impracticality. The reasons may include, but are
  326  not limited to, the fact that the vehicle has since been sold,
  327  stolen, or destroyed; that the owner or registrant of the
  328  vehicle is not required by s. 627.733 to maintain personal
  329  injury protection insurance; or that the vehicle is owned by
  330  another person.
  331         Section 5. Paragraphs (a) and (d) of subsection (5) of
  332  section 320.02, Florida Statutes, are amended to read:
  333         320.02 Registration required; application for registration;
  334  forms.—
  335         (5)(a) Proof that bodily injury liability coverage and
  336  property damage liability coverage personal injury protection
  337  benefits have been purchased if required under s. 324.022, s.
  338  324.032, or s. 627.742 s. 627.733, that property damage
  339  liability coverage has been purchased as required under s.
  340  324.022, that bodily injury liability or death coverage has been
  341  purchased if required under s. 324.023, and that combined bodily
  342  liability insurance and property damage liability insurance have
  343  been purchased if required under s. 627.7415 must shall be
  344  provided in the manner prescribed by law by the applicant at the
  345  time of application for registration of any motor vehicle that
  346  is subject to such requirements. The issuing agent may not shall
  347  refuse to issue registration if such proof of purchase is not
  348  provided. Insurers shall furnish uniform proof-of-purchase cards
  349  in a paper or electronic format in a form prescribed by the
  350  department and include the name of the insured’s insurance
  351  company, the coverage identification number, and the make, year,
  352  and vehicle identification number of the vehicle insured. The
  353  card must contain a statement notifying the applicant of the
  354  penalty specified under s. 316.646(4). The card or insurance
  355  policy, insurance policy binder, or certificate of insurance or
  356  a photocopy of any of these; an affidavit containing the name of
  357  the insured’s insurance company, the insured’s policy number,
  358  and the make and year of the vehicle insured; or such other
  359  proof as may be prescribed by the department constitutes shall
  360  constitute sufficient proof of purchase. If an affidavit is
  361  provided as proof, it must be in substantially the following
  362  form:
  363  
  364  Under penalty of perjury, I ...(Name of insured)... do hereby
  365  certify that I have ...(bodily injury liability and Personal
  366  Injury Protection, property damage liability, and, if required,
  367  Bodily Injury Liability)... insurance currently in effect with
  368  ...(Name of insurance company)... under ...(policy number)...
  369  covering ...(make, year, and vehicle identification number of
  370  vehicle).... ...(Signature of Insured)...
  371  
  372  Such affidavit must include the following warning:
  373  
  374  WARNING: GIVING FALSE INFORMATION IN ORDER TO OBTAIN A VEHICLE
  375  REGISTRATION CERTIFICATE IS A CRIMINAL OFFENSE UNDER FLORIDA
  376  LAW. ANYONE GIVING FALSE INFORMATION ON THIS AFFIDAVIT IS
  377  SUBJECT TO PROSECUTION.
  378  
  379  If an application is made through a licensed motor vehicle
  380  dealer as required under s. 319.23, the original or a photocopy
  381  photostatic copy of such card, insurance policy, insurance
  382  policy binder, or certificate of insurance or the original
  383  affidavit from the insured must shall be forwarded by the dealer
  384  to the tax collector of the county or the Department of Highway
  385  Safety and Motor Vehicles for processing. By executing the
  386  aforesaid affidavit, a no licensed motor vehicle dealer is not
  387  will be liable in damages for any inadequacy, insufficiency, or
  388  falsification of any statement contained therein. A card must
  389  also indicate the existence of any bodily injury liability
  390  insurance voluntarily purchased.
  391         (d) The verifying of proof of personal injury protection
  392  insurance, proof of property damage liability insurance, proof
  393  of combined bodily liability insurance and property damage
  394  liability insurance, or proof of financial responsibility
  395  insurance and the issuance or failure to issue the motor vehicle
  396  registration under the provisions of this chapter may not be
  397  construed in any court as a warranty of the reliability or
  398  accuracy of the evidence of such proof or as meaning that the
  399  provisions of any insurance policy furnished as proof of
  400  financial responsibility comply with state law. Neither the
  401  department nor any tax collector is liable in damages for any
  402  inadequacy, insufficiency, falsification, or unauthorized
  403  modification of any item of the proof of personal injury
  404  protection insurance, proof of property damage liability
  405  insurance, proof of combined bodily liability insurance and
  406  property damage liability insurance, or proof of financial
  407  responsibility before insurance prior to, during, or subsequent
  408  to the verification of the proof. The issuance of a motor
  409  vehicle registration does not constitute prima facie evidence or
  410  a presumption of insurance coverage.
  411         Section 6. Paragraph (b) of subsection (1) of section
  412  320.0609, Florida Statutes, is amended to read:
  413         320.0609 Transfer and exchange of registration license
  414  plates; transfer fee.—
  415         (1)
  416         (b) The transfer of a license plate from a vehicle disposed
  417  of to a newly acquired vehicle does not constitute a new
  418  registration. The application for transfer must shall be
  419  accepted without requiring proof of personal injury protection
  420  or liability insurance.
  421         Section 7. Subsection (3) of section 320.27, Florida
  422  Statutes, is amended, and paragraph (g) is added to subsection
  423  (1) of that section, to read:
  424         320.27 Motor vehicle dealers.—
  425         (1) DEFINITIONS.—The following words, terms, and phrases
  426  when used in this section have the meanings respectively
  427  ascribed to them in this subsection, except where the context
  428  clearly indicates a different meaning:
  429         (g)“Garage liability insurance” means, beginning January
  430  1, 2022, combined single-limit liability coverage, including
  431  property damage and bodily injury liability coverage, in the
  432  amount of at least $60,000.
  433         (3) APPLICATION AND FEE.—The application for the license
  434  application must shall be in such form as may be prescribed by
  435  the department and is shall be subject to such rules with
  436  respect thereto as may be so prescribed by the department it.
  437  Such application must shall be verified by oath or affirmation
  438  and must shall contain a full statement of the name and birth
  439  date of the person or persons applying for the license therefor;
  440  the name of the firm or copartnership, with the names and places
  441  of residence of all members thereof, if such applicant is a firm
  442  or copartnership; the names and places of residence of the
  443  principal officers, if the applicant is a body corporate or
  444  other artificial body; the name of the state under whose laws
  445  the corporation is organized; the present and former place or
  446  places of residence of the applicant; and the prior business in
  447  which the applicant has been engaged and its the location
  448  thereof. The Such application must shall describe the exact
  449  location of the place of business and must shall state whether
  450  the place of business is owned by the applicant and when
  451  acquired, or, if leased, a true copy of the lease must shall be
  452  attached to the application. The applicant shall certify that
  453  the location provides an adequately equipped office and is not a
  454  residence; that the location affords sufficient unoccupied space
  455  upon and within which adequately to store all motor vehicles
  456  offered and displayed for sale; and that the location is a
  457  suitable place where the applicant can in good faith carry on
  458  such business and keep and maintain books, records, and files
  459  necessary to conduct such business, which must shall be
  460  available at all reasonable hours to inspection by the
  461  department or any of its inspectors or other employees. The
  462  applicant shall certify that the business of a motor vehicle
  463  dealer is the principal business that will which shall be
  464  conducted at that location. The application must shall contain a
  465  statement that the applicant is either franchised by a
  466  manufacturer of motor vehicles, in which case the name of each
  467  motor vehicle that the applicant is franchised to sell must
  468  shall be included, or an independent (nonfranchised) motor
  469  vehicle dealer. The application must shall contain other
  470  relevant information as may be required by the department. The
  471  applicant shall furnish, including evidence, in a form approved
  472  by the department, that the applicant is insured under a garage
  473  liability insurance policy or a general liability insurance
  474  policy coupled with a business automobile policy having the
  475  coverages and limits of the garage liability insurance coverage
  476  in accordance with paragraph (1)(g), which shall include, at a
  477  minimum, $25,000 combined single-limit liability coverage
  478  including bodily injury and property damage protection and
  479  $10,000 personal injury protection. However, a salvage motor
  480  vehicle dealer as defined in subparagraph (1)(c)5. is exempt
  481  from the requirements for garage liability insurance and
  482  personal injury protection insurance on those vehicles that
  483  cannot be legally operated on roads, highways, or streets in
  484  this state. Franchise dealers must submit a garage liability
  485  insurance policy, and all other dealers must submit a garage
  486  liability insurance policy or a general liability insurance
  487  policy coupled with a business automobile policy. Such policy
  488  must shall be for the license period, and evidence of a new or
  489  continued policy must shall be delivered to the department at
  490  the beginning of each license period. Upon making an initial
  491  application, the applicant shall pay to the department a fee of
  492  $300 in addition to any other fees required by law. Applicants
  493  may choose to extend the licensure period for 1 additional year
  494  for a total of 2 years. An initial applicant shall pay to the
  495  department a fee of $300 for the first year and $75 for the
  496  second year, in addition to any other fees required by law. An
  497  applicant for renewal shall pay to the department $75 for a 1
  498  year renewal or $150 for a 2-year renewal, in addition to any
  499  other fees required by law. Upon making an application for a
  500  change of location, the applicant person shall pay a fee of $50
  501  in addition to any other fees now required by law. The
  502  department shall, in the case of every application for initial
  503  licensure, verify whether certain facts set forth in the
  504  application are true. Each applicant, general partner in the
  505  case of a partnership, or corporate officer and director in the
  506  case of a corporate applicant shall, must file a set of
  507  fingerprints with the department for the purpose of determining
  508  any prior criminal record or any outstanding warrants. The
  509  department shall submit the fingerprints to the Department of
  510  Law Enforcement for state processing and forwarding to the
  511  Federal Bureau of Investigation for federal processing. The
  512  actual cost of state and federal processing must shall be borne
  513  by the applicant and is in addition to the fee for licensure.
  514  The department may issue a license to an applicant pending the
  515  results of the fingerprint investigation, which license is fully
  516  revocable if the department subsequently determines that any
  517  facts set forth in the application are not true or correctly
  518  represented.
  519         Section 8. Paragraph (j) of subsection (3) of section
  520  320.771, Florida Statutes, is amended to read:
  521         320.771 License required of recreational vehicle dealers.—
  522         (3) APPLICATION.—The application for such license shall be
  523  in the form prescribed by the department and subject to such
  524  rules as may be prescribed by it. The application shall be
  525  verified by oath or affirmation and shall contain:
  526         (j) A statement that the applicant is insured under a
  527  garage liability insurance policy in accordance with s.
  528  320.27(1)(g), which shall include, at a minimum, $25,000
  529  combined single-limit liability coverage, including bodily
  530  injury and property damage protection, and $10,000 personal
  531  injury protection, if the applicant is to be licensed as a
  532  dealer in, or intends to sell, recreational vehicles. However, a
  533  garage liability policy is not required for the licensure of a
  534  mobile home dealer who sells only park trailers.
  535  
  536  The department shall, if it deems necessary, cause an
  537  investigation to be made to ascertain if the facts set forth in
  538  the application are true and may shall not issue a license to
  539  the applicant until it is satisfied that the facts set forth in
  540  the application are true.
  541         Section 9. Subsections (1) and (2) of section 322.251,
  542  Florida Statutes, are amended to read:
  543         322.251 Notice of cancellation, suspension, revocation, or
  544  disqualification of license.—
  545         (1) All orders of cancellation, suspension, revocation, or
  546  disqualification issued under the provisions of this chapter,
  547  chapter 318, or chapter 324 must, or ss. 627.732-627.734 shall
  548  be given either by personal delivery thereof to the licensee
  549  whose license is being canceled, suspended, revoked, or
  550  disqualified or by deposit in the United States mail in an
  551  envelope, first class, postage prepaid, addressed to the
  552  licensee at his or her last known mailing address furnished to
  553  the department. Such mailing by the department constitutes
  554  notification, and any failure by the person to receive the
  555  mailed order will not affect or stay the effective date or term
  556  of the cancellation, suspension, revocation, or disqualification
  557  of the licensee’s driving privilege.
  558         (2) The giving of notice and an order of cancellation,
  559  suspension, revocation, or disqualification by mail is complete
  560  upon expiration of 20 days after deposit in the United States
  561  mail for all notices except those issued under chapter 324 or
  562  ss. 627.732–627.734, which are complete 15 days after deposit in
  563  the United States mail. Proof of the giving of notice and an
  564  order of cancellation, suspension, revocation, or
  565  disqualification in either manner must shall be made by entry in
  566  the records of the department that such notice was given. The
  567  entry is admissible in the courts of this state and constitutes
  568  sufficient proof that such notice was given.
  569         Section 10. Paragraph (a) of subsection (8) of section
  570  322.34, Florida Statutes, is amended to read:
  571         322.34 Driving while license suspended, revoked, canceled,
  572  or disqualified.—
  573         (8)(a) Upon the arrest of a person for the offense of
  574  driving while the person’s driver license or driving privilege
  575  is suspended or revoked, the arresting officer shall determine:
  576         1. Whether the person’s driver license is suspended or
  577  revoked, or the person is under suspension or revocation
  578  equivalent status.
  579         2. Whether the person’s driver license has remained
  580  suspended or revoked, or the person has been under suspension or
  581  revocation equivalent status, since a conviction for the offense
  582  of driving with a suspended or revoked license.
  583         3. Whether the suspension, revocation, or suspension or
  584  revocation equivalent status was made under s. 316.646 or s.
  585  627.733, relating to failure to maintain required security, or
  586  under s. 322.264, relating to habitual traffic offenders.
  587         4. Whether the driver is the registered owner or co-owner
  588  of the vehicle.
  589         Section 11. Section 324.011, Florida Statutes, is amended
  590  to read:
  591         324.011 Legislative intent; purpose of chapter.—It is the
  592  intent of the Legislature that this chapter ensure that the
  593  privilege of owning or operating a motor vehicle in this state
  594  be exercised to recognize the existing privilege to own or
  595  operate a motor vehicle on the public streets and highways of
  596  this state when such vehicles are used with due consideration
  597  for others’ safety others and their property, promoting and to
  598  promote safety, and providing provide financial security
  599  requirements for such owners and or operators whose
  600  responsibility it is to recompense others for injury to person
  601  or property caused by the operation of a motor vehicle.
  602  Therefore, the purpose of this chapter is to require that every
  603  owner or operator of a motor vehicle required to be registered
  604  in this state establish, maintain, and it is required herein
  605  that the operator of a motor vehicle involved in a crash or
  606  convicted of certain traffic offenses meeting the operative
  607  provisions of s. 324.051(2) shall respond for such damages and
  608  show proof of financial ability to respond for damages arising
  609  out of the ownership, maintenance, or use of a motor vehicle in
  610  future accidents as a requisite to owning or operating a motor
  611  vehicle in this state his or her future exercise of such
  612  privileges.
  613         Section 12. Subsections (1) and (7) and paragraph (c) of
  614  subsection (9) of section 324.021, Florida Statutes, are
  615  amended, and subsection (12) is added to that section, to read:
  616         324.021 Definitions; minimum insurance required.—The
  617  following words and phrases when used in this chapter shall, for
  618  the purpose of this chapter, have the meanings respectively
  619  ascribed to them in this section, except in those instances
  620  where the context clearly indicates a different meaning:
  621         (1) MOTOR VEHICLE.—Every self-propelled vehicle that is
  622  designed and required to be licensed for use upon a highway,
  623  including trailers and semitrailers designed for use with such
  624  vehicles, except traction engines, road rollers, farm tractors,
  625  power shovels, and well drillers, and every vehicle that is
  626  propelled by electric power obtained from overhead wires but not
  627  operated upon rails, but not including any personal delivery
  628  device or mobile carrier as defined in s. 316.003, bicycle,
  629  electric bicycle, or moped. However, the term “motor vehicle”
  630  does not include a motor vehicle as defined in s. 627.732(3)
  631  when the owner of such vehicle has complied with the
  632  requirements of ss. 627.730-627.7405, inclusive, unless the
  633  provisions of s. 324.051 apply; and, in such case, the
  634  applicable proof of insurance provisions of s. 320.02 apply.
  635         (7) PROOF OF FINANCIAL RESPONSIBILITY.—Beginning January 1,
  636  2022, That proof of ability to respond in damages for liability
  637  on account of crashes arising out of the ownership, maintenance,
  638  or use of a motor vehicle:
  639         (a) With respect to a motor vehicle other than a commercial
  640  motor vehicle, nonpublic sector bus, or for-hire passenger
  641  transportation vehicle, in the amounts specified in s.
  642  324.022(1). amount of $10,000 because of bodily injury to, or
  643  death of, one person in any one crash;
  644         (b) Subject to such limits for one person, in the amount of
  645  $20,000 because of bodily injury to, or death of, two or more
  646  persons in any one crash;
  647         (c)In the amount of $10,000 because of injury to, or
  648  destruction of, property of others in any one crash; and
  649         (b)(d) With respect to commercial motor vehicles and
  650  nonpublic sector buses, in the amounts specified in s. 627.7415
  651  ss. 627.7415 and 627.742, respectively.
  652         (c) With respect to nonpublic sector buses, in the amounts
  653  specified in s. 627.742.
  654         (d) With respect to for-hire passenger transportation
  655  vehicles, in the amounts specified in s. 324.032.
  656         (9) OWNER; OWNER/LESSOR.—
  657         (c) Application.—
  658         1. The limits on liability in subparagraphs (b)2. and 3. do
  659  not apply to an owner of motor vehicles that are used for
  660  commercial activity in the owner’s ordinary course of business,
  661  other than a rental company that rents or leases motor vehicles.
  662  For purposes of this paragraph, the term “rental company”
  663  includes only an entity that is engaged in the business of
  664  renting or leasing motor vehicles to the general public and that
  665  rents or leases a majority of its motor vehicles to persons with
  666  no direct or indirect affiliation with the rental company. The
  667  term “rental company” also includes:
  668         a. A related rental or leasing company that is a subsidiary
  669  of the same parent company as that of the renting or leasing
  670  company that rented or leased the vehicle.
  671         b. The holder of a motor vehicle title or an equity
  672  interest in a motor vehicle title if the title or equity
  673  interest is held pursuant to or to facilitate an asset-backed
  674  securitization of a fleet of motor vehicles used solely in the
  675  business of renting or leasing motor vehicles to the general
  676  public and under the dominion and control of a rental company,
  677  as described in this subparagraph, in the operation of such
  678  rental company’s business.
  679         2. Furthermore, with respect to commercial motor vehicles
  680  as defined in s. 207.002 or s. 320.01 s. 627.732, the limits on
  681  liability in subparagraphs (b)2. and 3. do not apply if, at the
  682  time of the incident, the commercial motor vehicle is being used
  683  in the transportation of materials found to be hazardous for the
  684  purposes of the Hazardous Materials Transportation Authorization
  685  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  686  required pursuant to such act to carry placards warning others
  687  of the hazardous cargo, unless at the time of lease or rental
  688  either:
  689         a. The lessee indicates in writing that the vehicle will
  690  not be used to transport materials found to be hazardous for the
  691  purposes of the Hazardous Materials Transportation Authorization
  692  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  693         b. The lessee or other operator of the commercial motor
  694  vehicle has in effect insurance with limits of at least $5
  695  million $5,000,000 combined property damage and bodily injury
  696  liability.
  697         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  698  leasing or rental affiliate, that provides a temporary
  699  replacement vehicle at no charge or at a reasonable daily charge
  700  to a service customer whose vehicle is being held for repair,
  701  service, or adjustment by the motor vehicle dealer is immune
  702  from any cause of action and is not liable, vicariously or
  703  directly, under general law solely by reason of being the owner
  704  of the temporary replacement vehicle for harm to persons or
  705  property that arises out of the use, or operation, of the
  706  temporary replacement vehicle by any person during the period
  707  the temporary replacement vehicle has been entrusted to the
  708  motor vehicle dealer’s service customer if there is no
  709  negligence or criminal wrongdoing on the part of the motor
  710  vehicle owner, or its leasing or rental affiliate.
  711         b. For purposes of this section, and notwithstanding any
  712  other provision of general law, a motor vehicle dealer, or a
  713  motor vehicle dealer’s leasing or rental affiliate, that gives
  714  possession, control, or use of a temporary replacement vehicle
  715  to a motor vehicle dealer’s service customer may not be adjudged
  716  liable in a civil proceeding absent negligence or criminal
  717  wrongdoing on the part of the motor vehicle dealer, or the motor
  718  vehicle dealer’s leasing or rental affiliate, if the motor
  719  vehicle dealer or the motor vehicle dealer’s leasing or rental
  720  affiliate executes a written rental or use agreement and obtains
  721  from the person receiving the temporary replacement vehicle a
  722  copy of the person’s driver license and insurance information
  723  reflecting at least the minimum motor vehicle insurance coverage
  724  required in the state. Any subsequent determination that the
  725  driver license or insurance information provided to the motor
  726  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  727  affiliate, was in any way false, fraudulent, misleading,
  728  nonexistent, canceled, not in effect, or invalid does not alter
  729  or diminish the protections provided by this section, unless the
  730  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  731  rental affiliate, had actual knowledge thereof at the time
  732  possession of the temporary replacement vehicle was provided.
  733         c. For purposes of this subparagraph, the term “service
  734  customer” does not include an agent or a principal of a motor
  735  vehicle dealer or a motor vehicle dealer’s leasing or rental
  736  affiliate, and does not include an employee of a motor vehicle
  737  dealer or a motor vehicle dealer’s leasing or rental affiliate
  738  unless the employee was provided a temporary replacement
  739  vehicle:
  740         (I) While the employee’s personal vehicle was being held
  741  for repair, service, or adjustment by the motor vehicle dealer;
  742         (II) In the same manner as other customers who are provided
  743  a temporary replacement vehicle while the customer’s vehicle is
  744  being held for repair, service, or adjustment; and
  745         (III) The employee was not acting within the course and
  746  scope of their employment.
  747         (12) FOR-HIRE PASSENGER TRANSPORTATION VEHICLE.—Every for
  748  hire vehicle as defined in s. 320.01(15) which is offered or
  749  used to provide transportation for persons, including taxicabs,
  750  limousines, and jitneys.
  751         Section 13. Section 324.022, Florida Statutes, is amended
  752  to read:
  753         324.022 Financial responsibility requirements for property
  754  damage.—
  755         (1)(a)Beginning January 1, 2022, every owner or operator
  756  of a motor vehicle required to be registered in this state shall
  757  establish and continuously maintain the ability to respond in
  758  damages for liability on account of accidents arising out of the
  759  use of the motor vehicle in the amount of:
  760         1.Twenty-five thousand dollars for bodily injury to, or
  761  the death of, one person in any one crash and, subject to such
  762  limits for one person, in the amount of $50,000 for bodily
  763  injury to, or the death of, two or more persons in any one
  764  crash; and
  765         2. Ten thousand dollars for $10,000 because of damage to,
  766  or destruction of, property of others in any one crash.
  767         (b) The requirements of paragraph (a) this section may be
  768  met by one of the methods established in s. 324.031; by self
  769  insuring as authorized by s. 768.28(16); or by maintaining a
  770  motor vehicle liability insurance policy that an insurance
  771  policy providing coverage for property damage liability in the
  772  amount of at least $10,000 because of damage to, or destruction
  773  of, property of others in any one accident arising out of the
  774  use of the motor vehicle. The requirements of this section may
  775  also be met by having a policy which provides combined property
  776  damage liability and bodily injury liability coverage for any
  777  one crash arising out of the ownership, maintenance, or use of a
  778  motor vehicle and that conforms to the requirements of s.
  779  324.151 in the amount of at least $60,000 for every owner or
  780  operator subject to the financial responsibility required in
  781  paragraph (a) $30,000 for combined property damage liability and
  782  bodily injury liability for any one crash arising out of the use
  783  of the motor vehicle. The policy, with respect to coverage for
  784  property damage liability, must meet the applicable requirements
  785  of s. 324.151, subject to the usual policy exclusions that have
  786  been approved in policy forms by the Office of Insurance
  787  Regulation. No insurer shall have any duty to defend uncovered
  788  claims irrespective of their joinder with covered claims.
  789         (2) As used in this section, the term:
  790         (a) “Motor vehicle” means any self-propelled vehicle that
  791  has four or more wheels and that is of a type designed and
  792  required to be licensed for use on the highways of this state,
  793  and any trailer or semitrailer designed for use with such
  794  vehicle. The term does not include the following:
  795         1. A mobile home as defined in s. 320.01.
  796         2. A motor vehicle that is used in mass transit and
  797  designed to transport more than five passengers, exclusive of
  798  the operator of the motor vehicle, and that is owned by a
  799  municipality, transit authority, or political subdivision of the
  800  state.
  801         3. A school bus as defined in s. 1006.25, which must
  802  maintain security as required under s. 316.615.
  803         4. A commercial motor vehicle as defined in s. 207.002 or
  804  s. 320.01(25), which must maintain security as required under
  805  ss. 324.031 and 627.7415.
  806         5. A nonpublic sector bus, which must maintain security as
  807  required under ss. 324.031 and 627.742.
  808         6.4. A vehicle providing for-hire passenger transportation
  809  vehicle, which must that is subject to the provisions of s.
  810  324.031. A taxicab shall maintain security as required under s.
  811  324.032 s. 324.032(1).
  812         7.5. A personal delivery device as defined in s. 316.003.
  813         8.A motorcycle as defined in s. 320.01(26), unless s.
  814  324.051 applies; in such case, paragraph (1)(a) and the
  815  applicable proof of insurance provisions of s. 320.02 apply.
  816         (b) “Owner” means the person who holds legal title to a
  817  motor vehicle or the debtor or lessee who has the right to
  818  possession of a motor vehicle that is the subject of a security
  819  agreement or lease with an option to purchase.
  820         (3) Each nonresident owner or registrant of a motor vehicle
  821  that, whether operated or not, has been physically present
  822  within this state for more than 90 days during the preceding 365
  823  days shall maintain security as required by subsection (1). The
  824  security must be that is in effect continuously throughout the
  825  period the motor vehicle remains within this state.
  826         (4) An The owner or registrant of a motor vehicle who is
  827  exempt from the requirements of this section if she or he is a
  828  member of the United States Armed Forces and is called to or on
  829  active duty outside the United States in an emergency situation
  830  is exempt from this section while he or she. The exemption
  831  provided by this subsection applies only as long as the member
  832  of the Armed Forces is on such active duty. This exemption
  833  outside the United States and applies only while the vehicle
  834  covered by the security is not operated by any person. Upon
  835  receipt of a written request by the insured to whom the
  836  exemption provided in this subsection applies, the insurer shall
  837  cancel the coverages and return any unearned premium or suspend
  838  the security required by this section. Notwithstanding s.
  839  324.0221(2) s. 324.0221(3), the department may not suspend the
  840  registration or operator’s license of an any owner or registrant
  841  of a motor vehicle during the time she or he qualifies for the
  842  an exemption under this subsection. An Any owner or registrant
  843  of a motor vehicle who qualifies for the an exemption under this
  844  subsection shall immediately notify the department before prior
  845  to and at the end of the expiration of the exemption.
  846         Section 14. Subsections (1) and (2) of section 324.0221,
  847  Florida Statutes, are amended to read:
  848         324.0221 Reports by insurers to the department; suspension
  849  of driver license and vehicle registrations; reinstatement.—
  850         (1)(a) Each insurer that has issued a policy providing
  851  personal injury protection coverage or property damage liability
  852  coverage shall report the cancellation or nonrenewal thereof to
  853  the department within 10 days after the processing date or
  854  effective date of each cancellation or nonrenewal. Upon the
  855  issuance of a policy providing personal injury protection
  856  coverage or property damage liability coverage to a named
  857  insured not previously insured by the insurer during that
  858  calendar year, the insurer shall report the issuance of the new
  859  policy to the department within 10 days. The report must shall
  860  be in the form and format and contain any information required
  861  by the department and must be provided in a format that is
  862  compatible with the data processing capabilities of the
  863  department. Failure by an insurer to file proper reports with
  864  the department as required by this subsection constitutes a
  865  violation of the Florida Insurance Code. These records may shall
  866  be used by the department only for enforcement and regulatory
  867  purposes, including the generation by the department of data
  868  regarding compliance by owners of motor vehicles with the
  869  requirements for financial responsibility coverage.
  870         (b) With respect to an insurance policy providing personal
  871  injury protection coverage or property damage liability
  872  coverage, each insurer shall notify the named insured, or the
  873  first-named insured in the case of a commercial fleet policy, in
  874  writing that any cancellation or nonrenewal of the policy will
  875  be reported by the insurer to the department. The notice must
  876  also inform the named insured that failure to maintain bodily
  877  injury liability personal injury protection coverage and
  878  property damage liability coverage on a motor vehicle when
  879  required by law may result in the loss of registration and
  880  driving privileges in this state and inform the named insured of
  881  the amount of the reinstatement fees required by this section.
  882  This notice is for informational purposes only, and an insurer
  883  is not civilly liable for failing to provide this notice.
  884         (2) The department shall suspend, after due notice and an
  885  opportunity to be heard, the registration and driver license of
  886  any owner or registrant of a motor vehicle for with respect to
  887  which security is required under s. 324.022, s. 324.032, s.
  888  627.7415, or s. 627.742 ss. 324.022 and 627.733 upon:
  889         (a) The department’s records showing that the owner or
  890  registrant of such motor vehicle did not have the in full force
  891  and effect when required security in full force and effect that
  892  complies with the requirements of ss. 324.022 and 627.733; or
  893         (b) Notification by the insurer to the department, in a
  894  form approved by the department, of cancellation or termination
  895  of the required security.
  896         Section 15. Section 324.0222, Florida Statutes, is created
  897  to read:
  898         324.0222Application of suspensions for failure to maintain
  899  security; reinstatement.—All suspensions for failure to maintain
  900  required security as required by law in effect before January 1,
  901  2022, remain in full force and effect after January 1, 2022. A
  902  driver may reinstate a suspended driver license or registration
  903  as provided under s. 324.0221.
  904         Section 16. Section 324.023, Florida Statutes, is amended
  905  to read:
  906         324.023 Financial responsibility for bodily injury or
  907  death.—In addition to any other financial responsibility
  908  required by law, every owner or operator of a motor vehicle that
  909  is required to be registered in this state, or that is located
  910  within this state, and who, regardless of adjudication of guilt,
  911  has been found guilty of or entered a plea of guilty or nolo
  912  contendere to a charge of driving under the influence under s.
  913  316.193 after October 1, 2007, shall, by one of the methods
  914  established in s. 324.031(1)(a) or (b) s. 324.031(1) or (2),
  915  establish and maintain the ability to respond in damages for
  916  liability on account of accidents arising out of the use of a
  917  motor vehicle in the amount of $100,000 because of bodily injury
  918  to, or death of, one person in any one crash and, subject to
  919  such limits for one person, in the amount of $300,000 because of
  920  bodily injury to, or death of, two or more persons in any one
  921  crash and in the amount of $50,000 because of property damage in
  922  any one crash. If the owner or operator chooses to establish and
  923  maintain such ability by furnishing a certificate of deposit
  924  pursuant to s. 324.031(1)(b) s. 324.031(2), such certificate of
  925  deposit must be at least $350,000. Such higher limits must be
  926  carried for a minimum period of 3 years. If the owner or
  927  operator has not been convicted of driving under the influence
  928  or a felony traffic offense for a period of 3 years from the
  929  date of reinstatement of driving privileges for a violation of
  930  s. 316.193, the owner or operator is shall be exempt from this
  931  section.
  932         Section 17. Section 324.031, Florida Statutes, is amended
  933  to read:
  934         324.031 Manner of proving financial responsibility.—
  935         (1)The owner or operator of a taxicab, limousine, jitney,
  936  or any other for-hire passenger transportation vehicle may prove
  937  financial responsibility by providing satisfactory evidence of
  938  holding a motor vehicle liability policy as defined in s.
  939  324.021(8) or s. 324.151, which policy is issued by an insurance
  940  carrier which is a member of the Florida Insurance Guaranty
  941  Association. The operator or owner of a motor vehicle other than
  942  a for-hire passenger transportation vehicle any other vehicle
  943  may prove his or her financial responsibility by:
  944         (a)(1) Furnishing satisfactory evidence of holding a motor
  945  vehicle liability policy as defined in ss. 324.021(8) and
  946  324.151 which provides liability coverage for the motor vehicle
  947  being operated;
  948         (b)(2) Furnishing a certificate of self-insurance showing a
  949  deposit of cash in accordance with s. 324.161; or
  950         (c)(3) Furnishing a certificate of self-insurance issued by
  951  the department in accordance with s. 324.171.
  952         (2)Beginning January 1, 2022, any person, including any
  953  firm, partnership, association, corporation, or other person,
  954  other than a natural person, electing to use the method of proof
  955  specified in paragraph (1)(b) subsection (2) shall do both of
  956  the following:
  957         (a) Furnish a certificate of deposit equal to the number of
  958  vehicles owned times $60,000 $30,000, up to a maximum of
  959  $240,000. $120,000;
  960         (b)In addition, any such person, other than a natural
  961  person, shall Maintain insurance providing coverage that meets
  962  the requirements of s. 324.151 and has limits of:
  963         1.At least $125,000 for bodily injury to, or the death of,
  964  one person in any one crash and, subject to such limits for one
  965  person, in the amount of $250,000 for bodily injury to, or the
  966  death of, two or more persons in any one crash; and $50,000 for
  967  damage to, or destruction of, property of others in any one
  968  crash; or
  969         2.At least $300,000 for combined bodily injury liability
  970  and property damage liability for any one crash in excess of
  971  limits of $10,000/20,000/10,000 or $30,000 combined single
  972  limits, and such excess insurance shall provide minimum limits
  973  of $125,000/250,000/50,000 or $300,000 combined single limits.
  974  These increased limits shall not affect the requirements for
  975  proving financial responsibility under s. 324.032(1).
  976         Section 18. Section 324.032, Florida Statutes, is amended
  977  to read:
  978         324.032 Manner of proving Financial responsibility for;
  979  for-hire passenger transportation vehicles.—Notwithstanding the
  980  provisions of s. 324.031:
  981         (1) An owner or a lessee of a for-hire passenger
  982  transportation vehicle that is required to be registered in this
  983  state shall establish and continuously maintain the ability to
  984  respond in damages for liability on account of accidents arising
  985  out of the ownership, maintenance, or use of the for-hire
  986  passenger transportation vehicle, in the amount of:
  987         (a) One hundred twenty-five thousand dollars for bodily
  988  injury to, or the death of, one person in any one crash and,
  989  subject to such limits for one person, in the amount of $250,000
  990  for bodily injury to, or the death of, two or more persons in
  991  any one crash; and A person who is either the owner or a lessee
  992  required to maintain insurance under s. 627.733(1)(b) and who
  993  operates one or more taxicabs, limousines, jitneys, or any other
  994  for-hire passenger transportation vehicles may prove financial
  995  responsibility by furnishing satisfactory evidence of holding a
  996  motor vehicle liability policy, but with minimum limits of
  997  $125,000/250,000/50,000.
  998         (b) Fifty thousand dollars for damage to, or destruction
  999  of, property of others in any one crash A person who is either
 1000  the owner or a lessee required to maintain insurance under s.
 1001  324.021(9)(b) and who operates limousines, jitneys, or any other
 1002  for-hire passenger vehicles, other than taxicabs, may prove
 1003  financial responsibility by furnishing satisfactory evidence of
 1004  holding a motor vehicle liability policy as defined in s.
 1005  324.031.
 1006         (2)Except as provided in subsection (3), the requirements
 1007  of this section must be met by the owner or lessee providing
 1008  satisfactory evidence of holding a motor vehicle liability
 1009  policy conforming to the requirements of s. 324.151 which is
 1010  issued by an insurance carrier that is a member of the Florida
 1011  Insurance Guaranty Association.
 1012         (3)(2) An owner or a lessee who is required to maintain
 1013  insurance under s. 324.021(9)(b) and who operates at least 300
 1014  taxicabs, limousines, jitneys, or any other for-hire passenger
 1015  transportation vehicles may provide financial responsibility by
 1016  complying with the provisions of s. 324.171, which must such
 1017  compliance to be demonstrated by maintaining at its principal
 1018  place of business an audited financial statement, prepared in
 1019  accordance with generally accepted accounting principles, and
 1020  providing to the department a certification issued by a
 1021  certified public accountant that the applicant’s net worth is at
 1022  least equal to the requirements of s. 324.171 as determined by
 1023  the Office of Insurance Regulation of the Financial Services
 1024  Commission, including claims liabilities in an amount certified
 1025  as adequate by a Fellow of the Casualty Actuarial Society.
 1026  
 1027  Upon request by the department, the applicant shall must provide
 1028  the department at the applicant’s principal place of business in
 1029  this state access to the applicant’s underlying financial
 1030  information and financial statements that provide the basis of
 1031  the certified public accountant’s certification. The applicant
 1032  shall reimburse the requesting department for all reasonable
 1033  costs incurred by it in reviewing the supporting information.
 1034  The maximum amount of self-insurance permissible under this
 1035  subsection is $300,000 and must be stated on a per-occurrence
 1036  basis, and the applicant shall maintain adequate excess
 1037  insurance issued by an authorized or eligible insurer licensed
 1038  or approved by the Office of Insurance Regulation. All risks
 1039  self-insured shall remain with the owner or lessee providing it,
 1040  and the risks are not transferable to any other person, unless a
 1041  policy complying with subsections (1) and (2) subsection (1) is
 1042  obtained.
 1043         Section 19. Subsection (2) of section 324.051, Florida
 1044  Statutes, is amended, and subsection (4) is added to that
 1045  section, to read:
 1046         324.051 Reports of crashes; suspensions of licenses and
 1047  registrations.—
 1048         (2)(a) Thirty days after receipt of notice of any accident
 1049  described in paragraph (1)(a) involving a motor vehicle within
 1050  this state, the department shall suspend, after due notice and
 1051  opportunity to be heard, the license of each operator and all
 1052  registrations of the owner of the vehicles operated by such
 1053  operator whether or not involved in such crash and, in the case
 1054  of a nonresident owner or operator, shall suspend such
 1055  nonresident’s operating privilege in this state, unless such
 1056  operator or owner shall, prior to the expiration of such 30
 1057  days, be found by the department to be exempt from the operation
 1058  of this chapter, based upon evidence satisfactory to the
 1059  department that:
 1060         1. The motor vehicle was legally parked at the time of such
 1061  crash.
 1062         2. The motor vehicle was owned by the United States
 1063  Government, this state, or any political subdivision of this
 1064  state or any municipality therein.
 1065         3. Such operator or owner has secured a duly acknowledged
 1066  written agreement providing for release from liability by all
 1067  parties injured as the result of said crash and has complied
 1068  with one of the provisions of s. 324.031.
 1069         4. Such operator or owner has deposited with the department
 1070  security to conform with s. 324.061 when applicable and has
 1071  complied with one of the provisions of s. 324.031.
 1072         5. One year has elapsed since such owner or operator was
 1073  suspended pursuant to subsection (3), the owner or operator has
 1074  complied with one of the provisions of s. 324.031, and no bill
 1075  of complaint of which the department has notice has been filed
 1076  in a court of competent jurisdiction.
 1077         (b) This subsection does shall not apply:
 1078         1. To such operator or owner if such operator or owner had
 1079  in effect at the time of such crash or traffic conviction a
 1080  motor vehicle an automobile liability policy with respect to all
 1081  of the registered motor vehicles owned by such operator or
 1082  owner.
 1083         2. To such operator, if not the owner of such motor
 1084  vehicle, if there was in effect at the time of such crash or
 1085  traffic conviction a motor vehicle an automobile liability
 1086  policy or bond with respect to his or her operation of motor
 1087  vehicles not owned by him or her.
 1088         3. To such operator or owner if the liability of such
 1089  operator or owner for damages resulting from such crash is, in
 1090  the judgment of the department, covered by any other form of
 1091  liability insurance or bond.
 1092         4. To any person who has obtained from the department a
 1093  certificate of self-insurance, in accordance with s. 324.171, or
 1094  to any person operating a motor vehicle for such self-insurer.
 1095  
 1096  No such policy or bond shall be effective under this subsection
 1097  unless it contains limits of not less than those specified in s.
 1098  324.021(7).
 1099         (4)As used in this section, the term “motor vehicle”
 1100  includes a motorcycle as defined in s. 320.01(26).
 1101         Section 20. Section 324.071, Florida Statutes, is amended
 1102  to read:
 1103         324.071 Reinstatement; renewal of license; reinstatement
 1104  fee.—An Any operator or owner whose license or registration has
 1105  been suspended pursuant to s. 324.051(2), s. 324.072, s.
 1106  324.081, or s. 324.121 may effect its reinstatement upon
 1107  compliance with the provisions of s. 324.051(2)(a)3. or 4., or
 1108  s. 324.081(2) and (3), as the case may be, and with one of the
 1109  provisions of s. 324.031 and upon payment to the department of a
 1110  nonrefundable reinstatement fee of $15. Only one such fee may
 1111  shall be paid by any one person regardless irrespective of the
 1112  number of licenses and registrations to be then reinstated or
 1113  issued to such person. All Such fees must shall be deposited to
 1114  a department trust fund. If When the reinstatement of any
 1115  license or registration is effected by compliance with s.
 1116  324.051(2)(a)3. or 4., the department may shall not renew the
 1117  license or registration within a period of 3 years after from
 1118  such reinstatement, nor may shall any other license or
 1119  registration be issued in the name of such person, unless the
 1120  operator continues is continuing to comply with one of the
 1121  provisions of s. 324.031.
 1122         Section 21. Subsection (1) of section 324.091, Florida
 1123  Statutes, is amended to read:
 1124         324.091 Notice to department; notice to insurer.—
 1125         (1) Each owner and operator involved in a crash or
 1126  conviction case within the purview of this chapter shall furnish
 1127  evidence of automobile liability insurance or motor vehicle
 1128  liability insurance within 14 days after the date of the mailing
 1129  of notice of crash by the department in the form and manner as
 1130  it may designate. Upon receipt of evidence that a an automobile
 1131  liability policy or motor vehicle liability policy was in effect
 1132  at the time of the crash or conviction case, the department
 1133  shall forward to the insurer such information for verification
 1134  in a method as determined by the department. The insurer shall
 1135  respond to the department within 20 days after the notice as to
 1136  whether or not such information is valid. If the department
 1137  determines that a an automobile liability policy or motor
 1138  vehicle liability policy was not in effect and did not provide
 1139  coverage for both the owner and the operator, it must shall take
 1140  action as it is authorized to do under this chapter.
 1141         Section 22. Section 324.151, Florida Statutes, is amended
 1142  to read:
 1143         324.151 Motor vehicle liability policies; required
 1144  provisions.—
 1145         (1) A motor vehicle liability policy that serves as to be
 1146  proof of financial responsibility under s. 324.031(1)(a) must s.
 1147  324.031(1), shall be issued to owners or operators of motor
 1148  vehicles under the following provisions:
 1149         (a) A motor vehicle An owner’s liability insurance policy
 1150  issued to an owner of a motor vehicle required to be registered
 1151  in this state must shall designate by explicit description or by
 1152  appropriate reference all motor vehicles for with respect to
 1153  which coverage is thereby granted. The policy must and shall
 1154  insure the person or persons owner named therein and, except for
 1155  a named driver excluded pursuant to s. 627.747, must insure any
 1156  resident relative of a named insured other person as operator
 1157  using such motor vehicle or motor vehicles with the express or
 1158  implied permission of such owner against loss from the liability
 1159  imposed by law for damage arising out of the ownership,
 1160  maintenance, or use of any such motor vehicle or motor vehicles
 1161  within the United States or the Dominion of Canada, subject to
 1162  limits, exclusive of interest and costs with respect to each
 1163  such motor vehicle as is provided for under s. 324.021(7).
 1164  Except for a named driver excluded pursuant to s. 627.747, the
 1165  policy must also insure any person operating an insured motor
 1166  vehicle with the express or implied permission of a named
 1167  insured against loss from the liability imposed by law for
 1168  damage arising out of the use of any vehicle. However, the
 1169  insurer may include provisions in its policy excluding liability
 1170  coverage for a motor vehicle not designated as an insured
 1171  vehicle on the policy if such motor vehicle does not qualify as
 1172  a newly acquired vehicle or as a temporary substitute vehicle
 1173  and was owned by the insured or was furnished for an insured’s
 1174  regular use for more than 30 consecutive days before the event
 1175  giving rise to the claim. Insurers may make available, with
 1176  respect to property damage liability coverage, a deductible
 1177  amount not to exceed $500. In the event of a property damage
 1178  loss covered by a policy containing a property damage deductible
 1179  provision, the insurer shall pay to the third-party claimant the
 1180  amount of any property damage liability settlement or judgment,
 1181  subject to policy limits, as if no deductible existed.
 1182         (b) A motor vehicle liability insurance policy issued to a
 1183  person who does not own a motor vehicle must An operator’s motor
 1184  vehicle liability policy of insurance shall insure the person or
 1185  persons named therein against loss from the liability imposed
 1186  upon him or her by law for damages arising out of the use by the
 1187  person of any motor vehicle not owned by him or her, with the
 1188  same territorial limits and subject to the same limits of
 1189  liability as referred to above with respect to an owner’s policy
 1190  of liability insurance.
 1191         (c) All such motor vehicle liability policies must provide
 1192  liability coverage with limits, exclusive of interest and costs,
 1193  as specified under s. 324.021(7) for accidents occurring within
 1194  the United States or Canada. The policies must shall state the
 1195  name and address of the named insured, the coverage afforded by
 1196  the policy, the premium charged therefor, the policy period, and
 1197  the limits of liability, and must shall contain an agreement or
 1198  be endorsed that insurance is provided in accordance with the
 1199  coverage defined in this chapter as respects bodily injury and
 1200  death or property damage or both and is subject to all
 1201  provisions of this chapter. The Said policies must shall also
 1202  contain a provision that the satisfaction by an insured of a
 1203  judgment for such injury or damage may shall not be a condition
 1204  precedent to the right or duty of the insurance carrier to make
 1205  payment on account of such injury or damage, and must shall also
 1206  contain a provision that bankruptcy or insolvency of the insured
 1207  or of the insured’s estate does shall not relieve the insurance
 1208  carrier of any of its obligations under the said policy.
 1209         (2) The provisions of This section is shall not be
 1210  applicable to any motor vehicle automobile liability policy
 1211  unless and until it is furnished as proof of financial
 1212  responsibility for the future pursuant to s. 324.031, and then
 1213  applies only from and after the date the said policy is so
 1214  furnished.
 1215         (3)As used in this section, the term:
 1216         (a)“Newly acquired vehicle” means a vehicle owned by a
 1217  named insured or resident relative of the named insured which
 1218  was acquired no more than 30 days before an accident.
 1219         (b)“Resident relative” means a person related to a named
 1220  insured by any degree by blood, marriage, or adoption, including
 1221  a ward or foster child, who usually makes his or her home in the
 1222  same family unit or residence as the named insured, regardless
 1223  of whether he or she temporarily lives elsewhere.
 1224         (c)“Temporary substitute vehicle” means any motor vehicle
 1225  as defined in s. 320.01(1) which is not owned by the named
 1226  insured and which is temporarily used with the permission of the
 1227  owner as a substitute for the owned motor vehicle designated on
 1228  the policy when the owned vehicle is withdrawn from normal use
 1229  because of breakdown, repair, servicing, loss, or destruction.
 1230         Section 23. Section 324.161, Florida Statutes, is amended
 1231  to read:
 1232         324.161 Proof of financial responsibility; deposit.—If a
 1233  person elects to prove his or her financial responsibility under
 1234  the method of proof specified in s. 324.031(1)(b), he or she
 1235  annually must obtain and submit to the department proof of a
 1236  certificate of deposit in the amount required under s.
 1237  324.031(2) from a financial institution insured by the Federal
 1238  Deposit Insurance Corporation or the National Credit Union
 1239  Administration Annually, before any certificate of insurance may
 1240  be issued to a person, including any firm, partnership,
 1241  association, corporation, or other person, other than a natural
 1242  person, proof of a certificate of deposit of $30,000 issued and
 1243  held by a financial institution must be submitted to the
 1244  department. A power of attorney will be issued to and held by
 1245  the department and may be executed upon a judgment issued
 1246  against such person making the deposit, for damages for because
 1247  of bodily injury to or death of any person or for damages for
 1248  because of injury to or destruction of property resulting from
 1249  the use or operation of any motor vehicle occurring after such
 1250  deposit was made. Money so deposited is shall not be subject to
 1251  attachment or execution unless such attachment or execution
 1252  arises shall arise out of a lawsuit suit for such damages as
 1253  aforesaid.
 1254         Section 24. Subsections (1) and (2) of section 324.171,
 1255  Florida Statutes, are amended to read:
 1256         324.171 Self-insurer.—
 1257         (1) A Any person may qualify as a self-insurer by obtaining
 1258  a certificate of self-insurance from the department. which may,
 1259  in its discretion and Upon application of such a person, the
 1260  department may issue a said certificate of self-insurance to an
 1261  applicant who satisfies when such person has satisfied the
 1262  requirements of this section. Effective January 1, 2022 to
 1263  qualify as a self-insurer under this section:
 1264         (a) A private individual with private passenger vehicles
 1265  shall possess a net unencumbered worth of at least $100,000
 1266  $40,000.
 1267         (b) A person, including any firm, partnership, association,
 1268  corporation, or other person, other than a natural person,
 1269  shall:
 1270         1. Possess a net unencumbered worth of at least $100,000
 1271  $40,000 for the first motor vehicle and $50,000 $20,000 for each
 1272  additional motor vehicle; or
 1273         2. Maintain sufficient net worth, in an amount determined
 1274  by the department, to be financially responsible for potential
 1275  losses. The department annually shall determine the minimum net
 1276  worth sufficient to satisfy this subparagraph as determined
 1277  annually by the department, pursuant to rules adopted
 1278  promulgated by the department, with the assistance of the Office
 1279  of Insurance Regulation of the Financial Services Commission, to
 1280  be financially responsible for potential losses. The rules must
 1281  consider any shall take into consideration excess insurance
 1282  carried by the applicant. The department’s determination must
 1283  shall be based upon reasonable actuarial principles considering
 1284  the frequency, severity, and loss development of claims incurred
 1285  by casualty insurers writing coverage on the type of motor
 1286  vehicles for which a certificate of self-insurance is desired.
 1287         (c) The owner of a commercial motor vehicle, as defined in
 1288  s. 207.002 or s. 320.01, may qualify as a self-insurer subject
 1289  to the standards provided for in subparagraph (b)2.
 1290         (2) The self-insurance certificate must shall provide
 1291  limits of liability insurance in the amounts specified under s.
 1292  324.021(7) or s. 627.7415 and shall provide personal injury
 1293  protection coverage under s. 627.733(3)(b).
 1294         Section 25. Section 324.251, Florida Statutes, is amended
 1295  to read:
 1296         324.251 Short title.—This chapter may be cited as the
 1297  “Financial Responsibility Law of 2021 1955” and is shall become
 1298  effective at 12:01 a.m., January 1, 2022 October 1, 1955.
 1299         Section 26. Subsection (4) of section 400.9905, Florida
 1300  Statutes, is amended to read:
 1301         400.9905 Definitions.—
 1302         (4)(a) “Clinic” means an entity where health care services
 1303  are provided to individuals and which tenders charges for
 1304  reimbursement for such services, including a mobile clinic and a
 1305  portable equipment provider. As used in this part, the term does
 1306  not include and the licensure requirements of this part do not
 1307  apply to:
 1308         1.(a)  Entities licensed or registered by the state under
 1309  chapter 395; entities licensed or registered by the state and
 1310  providing only health care services within the scope of services
 1311  authorized under their respective licenses under ss. 383.30
 1312  383.332, chapter 390, chapter 394, chapter 397, this chapter
 1313  except part X, chapter 429, chapter 463, chapter 465, chapter
 1314  466, chapter 478, chapter 484, or chapter 651; end-stage renal
 1315  disease providers authorized under 42 C.F.R. part 494; providers
 1316  certified and providing only health care services within the
 1317  scope of services authorized under their respective
 1318  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1319  or subpart J; providers certified and providing only health care
 1320  services within the scope of services authorized under their
 1321  respective certifications under 42 C.F.R. part 486, subpart C;
 1322  providers certified and providing only health care services
 1323  within the scope of services authorized under their respective
 1324  certifications under 42 C.F.R. part 491, subpart A; providers
 1325  certified by the Centers for Medicare and Medicaid Services
 1326  under the federal Clinical Laboratory Improvement Amendments and
 1327  the federal rules adopted thereunder; or any entity that
 1328  provides neonatal or pediatric hospital-based health care
 1329  services or other health care services by licensed practitioners
 1330  solely within a hospital licensed under chapter 395.
 1331         2.(b)  Entities that own, directly or indirectly, entities
 1332  licensed or registered by the state pursuant to chapter 395;
 1333  entities that own, directly or indirectly, entities licensed or
 1334  registered by the state and providing only health care services
 1335  within the scope of services authorized pursuant to their
 1336  respective licenses under ss. 383.30-383.332, chapter 390,
 1337  chapter 394, chapter 397, this chapter except part X, chapter
 1338  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1339  484, or chapter 651; end-stage renal disease providers
 1340  authorized under 42 C.F.R. part 494; providers certified and
 1341  providing only health care services within the scope of services
 1342  authorized under their respective certifications under 42 C.F.R.
 1343  part 485, subpart B, subpart H, or subpart J; providers
 1344  certified and providing only health care services within the
 1345  scope of services authorized under their respective
 1346  certifications under 42 C.F.R. part 486, subpart C; providers
 1347  certified and providing only health care services within the
 1348  scope of services authorized under their respective
 1349  certifications under 42 C.F.R. part 491, subpart A; providers
 1350  certified by the Centers for Medicare and Medicaid Services
 1351  under the federal Clinical Laboratory Improvement Amendments and
 1352  the federal rules adopted thereunder; or any entity that
 1353  provides neonatal or pediatric hospital-based health care
 1354  services by licensed practitioners solely within a hospital
 1355  licensed under chapter 395.
 1356         3.(c)  Entities that are owned, directly or indirectly, by
 1357  an entity licensed or registered by the state pursuant to
 1358  chapter 395; entities that are owned, directly or indirectly, by
 1359  an entity licensed or registered by the state and providing only
 1360  health care services within the scope of services authorized
 1361  pursuant to their respective licenses under ss. 383.30-383.332,
 1362  chapter 390, chapter 394, chapter 397, this chapter except part
 1363  X, chapter 429, chapter 463, chapter 465, chapter 466, chapter
 1364  478, chapter 484, or chapter 651; end-stage renal disease
 1365  providers authorized under 42 C.F.R. part 494; providers
 1366  certified and providing only health care services within the
 1367  scope of services authorized under their respective
 1368  certifications under 42 C.F.R. part 485, subpart B, subpart H,
 1369  or subpart J; providers certified and providing only health care
 1370  services within the scope of services authorized under their
 1371  respective certifications under 42 C.F.R. part 486, subpart C;
 1372  providers certified and providing only health care services
 1373  within the scope of services authorized under their respective
 1374  certifications under 42 C.F.R. part 491, subpart A; providers
 1375  certified by the Centers for Medicare and Medicaid Services
 1376  under the federal Clinical Laboratory Improvement Amendments and
 1377  the federal rules adopted thereunder; or any entity that
 1378  provides neonatal or pediatric hospital-based health care
 1379  services by licensed practitioners solely within a hospital
 1380  under chapter 395.
 1381         4.(d)  Entities that are under common ownership, directly
 1382  or indirectly, with an entity licensed or registered by the
 1383  state pursuant to chapter 395; entities that are under common
 1384  ownership, directly or indirectly, with an entity licensed or
 1385  registered by the state and providing only health care services
 1386  within the scope of services authorized pursuant to their
 1387  respective licenses under ss. 383.30-383.332, chapter 390,
 1388  chapter 394, chapter 397, this chapter except part X, chapter
 1389  429, chapter 463, chapter 465, chapter 466, chapter 478, chapter
 1390  484, or chapter 651; end-stage renal disease providers
 1391  authorized under 42 C.F.R. part 494; providers certified and
 1392  providing only health care services within the scope of services
 1393  authorized under their respective certifications under 42 C.F.R.
 1394  part 485, subpart B, subpart H, or subpart J; providers
 1395  certified and providing only health care services within the
 1396  scope of services authorized under their respective
 1397  certifications under 42 C.F.R. part 486, subpart C; providers
 1398  certified and providing only health care services within the
 1399  scope of services authorized under their respective
 1400  certifications under 42 C.F.R. part 491, subpart A; providers
 1401  certified by the Centers for Medicare and Medicaid Services
 1402  under the federal Clinical Laboratory Improvement Amendments and
 1403  the federal rules adopted thereunder; or any entity that
 1404  provides neonatal or pediatric hospital-based health care
 1405  services by licensed practitioners solely within a hospital
 1406  licensed under chapter 395.
 1407         5.(e) An entity that is exempt from federal taxation under
 1408  26 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
 1409  under 26 U.S.C. s. 409 that has a board of trustees at least
 1410  two-thirds of which are Florida-licensed health care
 1411  practitioners and provides only physical therapy services under
 1412  physician orders, any community college or university clinic,
 1413  and any entity owned or operated by the federal or state
 1414  government, including agencies, subdivisions, or municipalities
 1415  thereof.
 1416         6.(f) A sole proprietorship, group practice, partnership,
 1417  or corporation that provides health care services by physicians
 1418  covered by s. 627.419, that is directly supervised by one or
 1419  more of such physicians, and that is wholly owned by one or more
 1420  of those physicians or by a physician and the spouse, parent,
 1421  child, or sibling of that physician.
 1422         7.(g) A sole proprietorship, group practice, partnership,
 1423  or corporation that provides health care services by licensed
 1424  health care practitioners under chapter 457, chapter 458,
 1425  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
 1426  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
 1427  chapter 490, chapter 491, or part I, part III, part X, part
 1428  XIII, or part XIV of chapter 468, or s. 464.012, and that is
 1429  wholly owned by one or more licensed health care practitioners,
 1430  or the licensed health care practitioners set forth in this
 1431  subparagraph paragraph and the spouse, parent, child, or sibling
 1432  of a licensed health care practitioner if one of the owners who
 1433  is a licensed health care practitioner is supervising the
 1434  business activities and is legally responsible for the entity’s
 1435  compliance with all federal and state laws. However, a health
 1436  care practitioner may not supervise services beyond the scope of
 1437  the practitioner’s license, except that, for the purposes of
 1438  this part, a clinic owned by a licensee in s. 456.053(3)(b)
 1439  which provides only services authorized pursuant to s.
 1440  456.053(3)(b) may be supervised by a licensee specified in s.
 1441  456.053(3)(b).
 1442         8.(h) Clinical facilities affiliated with an accredited
 1443  medical school at which training is provided for medical
 1444  students, residents, or fellows.
 1445         9.(i) Entities that provide only oncology or radiation
 1446  therapy services by physicians licensed under chapter 458 or
 1447  chapter 459 or entities that provide oncology or radiation
 1448  therapy services by physicians licensed under chapter 458 or
 1449  chapter 459 which are owned by a corporation whose shares are
 1450  publicly traded on a recognized stock exchange.
 1451         10.(j) Clinical facilities affiliated with a college of
 1452  chiropractic accredited by the Council on Chiropractic Education
 1453  at which training is provided for chiropractic students.
 1454         11.(k) Entities that provide licensed practitioners to
 1455  staff emergency departments or to deliver anesthesia services in
 1456  facilities licensed under chapter 395 and that derive at least
 1457  90 percent of their gross annual revenues from the provision of
 1458  such services. Entities claiming an exemption from licensure
 1459  under this subparagraph paragraph must provide documentation
 1460  demonstrating compliance.
 1461         12.(l) Orthotic, prosthetic, pediatric cardiology, or
 1462  perinatology clinical facilities or anesthesia clinical
 1463  facilities that are not otherwise exempt under subparagraph 1.
 1464  or subparagraph 11. paragraph (a) or paragraph (k) and that are
 1465  a publicly traded corporation or are wholly owned, directly or
 1466  indirectly, by a publicly traded corporation. As used in this
 1467  subparagraph paragraph, a publicly traded corporation is a
 1468  corporation that issues securities traded on an exchange
 1469  registered with the United States Securities and Exchange
 1470  Commission as a national securities exchange.
 1471         13.(m) Entities that are owned by a corporation that has
 1472  $250 million or more in total annual sales of health care
 1473  services provided by licensed health care practitioners where
 1474  one or more of the persons responsible for the operations of the
 1475  entity is a health care practitioner who is licensed in this
 1476  state and who is responsible for supervising the business
 1477  activities of the entity and is responsible for the entity’s
 1478  compliance with state law for purposes of this part.
 1479         14.(n) Entities that employ 50 or more licensed health care
 1480  practitioners licensed under chapter 458 or chapter 459 where
 1481  the billing for medical services is under a single tax
 1482  identification number. The application for exemption under this
 1483  subsection must include shall contain information that includes:
 1484  the name, residence, and business address and telephone phone
 1485  number of the entity that owns the practice; a complete list of
 1486  the names and contact information of all the officers and
 1487  directors of the corporation; the name, residence address,
 1488  business address, and medical license number of each licensed
 1489  Florida health care practitioner employed by the entity; the
 1490  corporate tax identification number of the entity seeking an
 1491  exemption; a listing of health care services to be provided by
 1492  the entity at the health care clinics owned or operated by the
 1493  entity; and a certified statement prepared by an independent
 1494  certified public accountant which states that the entity and the
 1495  health care clinics owned or operated by the entity have not
 1496  received payment for health care services under medical payments
 1497  personal injury protection insurance coverage for the preceding
 1498  year. If the agency determines that an entity that which is
 1499  exempt under this subsection has received payments for medical
 1500  services under medical payments personal injury protection
 1501  insurance coverage, the agency may deny or revoke the exemption
 1502  from licensure under this subsection.
 1503         15.(o) Entities that are, directly or indirectly, under the
 1504  common ownership of or that are subject to common control by a
 1505  mutual insurance holding company, as defined in s. 628.703, with
 1506  an entity issued a certificate of authority under chapter 624 or
 1507  chapter 641 which has $1 billion or more in total annual sales
 1508  in this state.
 1509         16.(p) Entities that are owned by an entity that is a
 1510  behavioral health care service provider in at least five other
 1511  states; that, together with its affiliates, have $90 million or
 1512  more in total annual revenues associated with the provision of
 1513  behavioral health care services; and wherein one or more of the
 1514  persons responsible for the operations of the entity is a health
 1515  care practitioner who is licensed in this state, who is
 1516  responsible for supervising the business activities of the
 1517  entity, and who is responsible for the entity’s compliance with
 1518  state law for purposes of this part.
 1519         17.(q) Medicaid providers.
 1520         (b) Notwithstanding paragraph (a) this subsection, an
 1521  entity is shall be deemed a clinic and must be licensed under
 1522  this part in order to receive medical payments coverage
 1523  reimbursement under s. 627.7265 unless the entity is:
 1524         1. Wholly owned by a physician licensed under chapter 458
 1525  or chapter 459 or by the physician and the spouse, parent,
 1526  child, or sibling of the physician;
 1527         2.Wholly owned by a dentist licensed under chapter 466 or
 1528  by the dentist and the spouse, parent, child, or sibling of the
 1529  dentist;
 1530         3. Wholly owned by a chiropractic physician licensed under
 1531  chapter 460 or by the chiropractic physician and the spouse,
 1532  parent, child, or sibling of the chiropractic physician;
 1533         4. A hospital or ambulatory surgical center licensed under
 1534  chapter 395;
 1535         5. An entity that wholly owns or is wholly owned, directly
 1536  or indirectly, by a hospital or hospitals licensed under chapter
 1537  395;
 1538         6. A clinical facility affiliated with an accredited
 1539  medical school at which training is provided for medical
 1540  students, residents, or fellows;
 1541         7.Certified under 42 C.F.R. part 485, subpart H; or
 1542         8. Owned by a publicly traded corporation, either directly
 1543  or indirectly through its subsidiaries, which has $250 million
 1544  or more in total annual sales of health care services provided
 1545  by licensed health care practitioners, if one or more of the
 1546  persons responsible for the operations of the entity are health
 1547  care practitioners who are licensed in this state and are
 1548  responsible for supervising the business activities of the
 1549  entity and the entity’s compliance with state law for purposes
 1550  of this subsection the Florida Motor Vehicle No-Fault Law, ss.
 1551  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 1552         Section 27. Subsection (5) of section 400.991, Florida
 1553  Statutes, is amended to read:
 1554         400.991 License requirements; background screenings;
 1555  prohibitions.—
 1556         (5) All agency forms for licensure application or exemption
 1557  from licensure under this part must contain the following
 1558  statement:
 1559  
 1560  INSURANCE FRAUD NOTICE.—A person commits a fraudulent insurance
 1561  act, as defined in s. 626.989, Florida Statutes, if the person
 1562  who knowingly submits a false, misleading, or fraudulent
 1563  application or other document when applying for licensure as a
 1564  health care clinic, seeking an exemption from licensure as a
 1565  health care clinic, or demonstrating compliance with part X of
 1566  chapter 400, Florida Statutes, with the intent to use the
 1567  license, exemption from licensure, or demonstration of
 1568  compliance to provide services or seek reimbursement under a
 1569  motor vehicle liability insurance policy’s medical payments
 1570  coverage the Florida Motor Vehicle No-Fault Law, commits a
 1571  fraudulent insurance act, as defined in s. 626.989, Florida
 1572  Statutes. A person who presents a claim for benefits under
 1573  medical payments coverage personal injury protection benefits
 1574  knowing that the payee knowingly submitted such health care
 1575  clinic application or document, commits insurance fraud, as
 1576  defined in s. 817.234, Florida Statutes.
 1577         Section 28. Paragraph (g) of subsection (1) of section
 1578  400.9935, Florida Statutes, is amended to read:
 1579         400.9935 Clinic responsibilities.—
 1580         (1) Each clinic shall appoint a medical director or clinic
 1581  director who shall agree in writing to accept legal
 1582  responsibility for the following activities on behalf of the
 1583  clinic. The medical director or the clinic director shall:
 1584         (g) Conduct systematic reviews of clinic billings to ensure
 1585  that the billings are not fraudulent or unlawful. Upon discovery
 1586  of an unlawful charge, the medical director or clinic director
 1587  shall take immediate corrective action. If the clinic performs
 1588  only the technical component of magnetic resonance imaging,
 1589  static radiographs, computed tomography, or positron emission
 1590  tomography, and provides the professional interpretation of such
 1591  services, in a fixed facility that is accredited by a national
 1592  accrediting organization that is approved by the Centers for
 1593  Medicare and Medicaid Services for magnetic resonance imaging
 1594  and advanced diagnostic imaging services and if, in the
 1595  preceding quarter, the percentage of scans performed by that
 1596  clinic which was billed to motor vehicle all personal injury
 1597  protection insurance carriers under medical payments coverage
 1598  was less than 15 percent, the chief financial officer of the
 1599  clinic may, in a written acknowledgment provided to the agency,
 1600  assume the responsibility for the conduct of the systematic
 1601  reviews of clinic billings to ensure that the billings are not
 1602  fraudulent or unlawful.
 1603         Section 29. Subsection (28) of section 409.901, Florida
 1604  Statutes, is amended to read:
 1605         409.901 Definitions; ss. 409.901-409.920.—As used in ss.
 1606  409.901-409.920, except as otherwise specifically provided, the
 1607  term:
 1608         (28) “Third-party benefit” means any benefit that is or may
 1609  be available at any time through contract, court award,
 1610  judgment, settlement, agreement, or any arrangement between a
 1611  third party and any person or entity, including, without
 1612  limitation, a Medicaid recipient, a provider, another third
 1613  party, an insurer, or the agency, for any Medicaid-covered
 1614  injury, illness, goods, or services, including costs of medical
 1615  services related thereto, for bodily personal injury or for
 1616  death of the recipient, but specifically excluding policies of
 1617  life insurance policies on the recipient, unless available under
 1618  terms of the policy to pay medical expenses before prior to
 1619  death. The term includes, without limitation, collateral, as
 1620  defined in this section;, health insurance;, any benefit under a
 1621  health maintenance organization, a preferred provider
 1622  arrangement, a prepaid health clinic, liability insurance,
 1623  uninsured motorist insurance, or medical payments coverage; or
 1624  personal injury protection coverage, medical benefits under
 1625  workers’ compensation, and any obligation under law or equity to
 1626  provide medical support.
 1627         Section 30. Paragraph (f) of subsection (11) of section
 1628  409.910, Florida Statutes, is amended to read:
 1629         409.910 Responsibility for payments on behalf of Medicaid
 1630  eligible persons when other parties are liable.—
 1631         (11) The agency may, as a matter of right, in order to
 1632  enforce its rights under this section, institute, intervene in,
 1633  or join any legal or administrative proceeding in its own name
 1634  in one or more of the following capacities: individually, as
 1635  subrogee of the recipient, as assignee of the recipient, or as
 1636  lienholder of the collateral.
 1637         (f) Notwithstanding any provision in this section to the
 1638  contrary, in the event of an action in tort against a third
 1639  party in which the recipient or his or her legal representative
 1640  is a party which results in a judgment, award, or settlement
 1641  from a third party, the amount recovered shall be distributed as
 1642  follows:
 1643         1. After attorney attorney’s fees and taxable costs as
 1644  defined by the Florida Rules of Civil Procedure, one-half of the
 1645  remaining recovery shall be paid to the agency up to the total
 1646  amount of medical assistance provided by Medicaid.
 1647         2. The remaining amount of the recovery shall be paid to
 1648  the recipient.
 1649         3. For purposes of calculating the agency’s recovery of
 1650  medical assistance benefits paid, the fee for services of an
 1651  attorney retained by the recipient or his or her legal
 1652  representative shall be calculated at 25 percent of the
 1653  judgment, award, or settlement.
 1654         4. Notwithstanding any other provision of this section to
 1655  the contrary, the agency shall be entitled to all medical
 1656  coverage benefits up to the total amount of medical assistance
 1657  provided by Medicaid. For purposes of this paragraph, the term
 1658  “medical coverage” means any benefits under health insurance, a
 1659  health maintenance organization, a preferred provider
 1660  arrangement, or a prepaid health clinic, and the portion of
 1661  benefits designated for medical payments under coverage for
 1662  workers’ compensation coverage, motor vehicle insurance
 1663  coverage, personal injury protection, and casualty coverage.
 1664         Section 31. Paragraph (k) of subsection (2) of section
 1665  456.057, Florida Statutes, is amended to read:
 1666         456.057 Ownership and control of patient records; report or
 1667  copies of records to be furnished; disclosure of information.—
 1668         (2) As used in this section, the terms “records owner,”
 1669  “health care practitioner,” and “health care practitioner’s
 1670  employer” do not include any of the following persons or
 1671  entities; furthermore, the following persons or entities are not
 1672  authorized to acquire or own medical records, but are authorized
 1673  under the confidentiality and disclosure requirements of this
 1674  section to maintain those documents required by the part or
 1675  chapter under which they are licensed or regulated:
 1676         (k) Persons or entities practicing under s. 627.7265 s.
 1677  627.736(7).
 1678         Section 32. Paragraphs (ee) and (ff) of subsection (1) of
 1679  section 456.072, Florida Statutes, are amended to read:
 1680         456.072 Grounds for discipline; penalties; enforcement.—
 1681         (1) The following acts shall constitute grounds for which
 1682  the disciplinary actions specified in subsection (2) may be
 1683  taken:
 1684         (ee) With respect to making a medical payments coverage
 1685  personal injury protection claim under s. 627.7265 as required
 1686  by s. 627.736, intentionally submitting a claim, statement, or
 1687  bill that has been upcoded. As used in this paragraph, the term
 1688  “upcoded” means an action that submits a billing code that would
 1689  result in a greater payment amount than would be paid using a
 1690  billing code that accurately describes the services performed.
 1691  The term does not include an otherwise lawful bill by a magnetic
 1692  resonance imaging facility which globally combines both
 1693  technical and professional components, if the amount of the
 1694  global bill is not more than the components if billed
 1695  separately; however, payment of such a bill constitutes payment
 1696  in full for all components of such service “upcoded” as defined
 1697  in s. 627.732.
 1698         (ff) With respect to making a medical payments coverage
 1699  personal injury protection claim pursuant to s. 627.7265 as
 1700  required by s. 627.736, intentionally submitting a claim,
 1701  statement, or bill for payment of services that were not
 1702  rendered.
 1703         Section 33. Paragraph (b) of subsection (1) and subsection
 1704  (8) of section 624.155, Florida Statutes, are amended to read:
 1705         624.155 Civil remedy.—
 1706         (1) Any person may bring a civil action against an insurer
 1707  when such person is damaged:
 1708         (b) By the commission of any of the following acts by the
 1709  insurer:
 1710         1. Except for a civil action for bad faith failure to
 1711  settle a third-party claim subject to s. 624.156, not attempting
 1712  in good faith to settle claims when, under all the
 1713  circumstances, it could and should have done so, had it acted
 1714  fairly and honestly toward its insured and with due regard for
 1715  her or his interests;
 1716         2. Making claims payments to insureds or beneficiaries not
 1717  accompanied by a statement setting forth the coverage under
 1718  which payments are being made; or
 1719         3. Except as to liability coverages, failing to promptly
 1720  settle claims, when the obligation to settle a claim has become
 1721  reasonably clear, under one portion of the insurance policy
 1722  coverage in order to influence settlements under other portions
 1723  of the insurance policy coverage; or
 1724         4. When handling a first-party claim under a motor vehicle
 1725  insurance policy, not attempting in good faith to settle such
 1726  claim pursuant to subparagraph 1. when such failure is caused by
 1727  a failure to communicate to an insured:
 1728         a. The name, telephone number, e-mail address, and mailing
 1729  address of the person who is adjusting the claim;
 1730         b. Any issues that may impair the insured’s coverage;
 1731         c. Information that might resolve the coverage issue in a
 1732  prompt manner;
 1733         d. Any basis for the insurer’s rejection or nonacceptance
 1734  of any settlement demand or offer; or
 1735         e. Any needed extensions to respond to a time-limited
 1736  settlement offer.
 1737  
 1738  Notwithstanding the provisions of the above to the contrary, a
 1739  person pursuing a remedy under this section need not prove that
 1740  such act was committed or performed with such frequency as to
 1741  indicate a general business practice.
 1742         (8) The civil remedy specified in this section does not
 1743  preempt any other remedy or cause of action provided for
 1744  pursuant to any other statute or pursuant to the common law of
 1745  this state. A Any person is may obtain a judgment under either
 1746  the common-law remedy of bad faith or this statutory remedy, but
 1747  shall not be entitled to a judgment under multiple bad faith
 1748  both remedies. This section shall not be construed to create a
 1749  common-law cause of action. The damages recoverable pursuant to
 1750  this section shall include those damages which are a reasonably
 1751  foreseeable result of a specified violation of this section by
 1752  the authorized insurer and may include an award or judgment in
 1753  an amount that exceeds the policy limits.
 1754         Section 34. Section 624.156, Florida Statutes, is created
 1755  to read:
 1756         624.156 Actions against motor vehicle insurers for bad
 1757  faith failure to settle third-party claims.—
 1758         (1) SCOPE.—This section applies in all actions against any
 1759  insurer for bad faith failure to settle a third-party claim for
 1760  a loss arising out of the ownership, maintenance, or use of a
 1761  motor vehicle operated or principally garaged in this state at
 1762  the time of an incident or a loss, regardless of whether the
 1763  insurer is authorized to do business in this state or issued a
 1764  policy in this state. This section governs in any conflict with
 1765  common law or any other statute.
 1766         (2) DUTY OF GOOD FAITH.—In handling claims, an insurer has
 1767  a duty to its insured to handle claims in good faith by
 1768  complying with the best practices standards of subsection (4).
 1769  An insurer’s negligence does not constitute bad faith. However,
 1770  negligence is relevant to whether an insurer acted in bad faith.
 1771         (3) BAD FAITH FAILURE TO SETTLE.—“Bad faith failure to
 1772  settle” means an insurer’s failure to meet its duty of good
 1773  faith, as described in subsection (2), which is a proximate
 1774  cause of the insurer not settling a third-party claim when,
 1775  under all the circumstances, the insurer could and should have
 1776  done so, had it acted fairly and honestly toward its insured and
 1777  with due regard for the insured’s interests.
 1778         (4) BEST PRACTICES STANDARDS.—An insurer must meet the best
 1779  practices standards of this subsection. The insurer’s duty
 1780  begins upon receiving actual notice of an incident or a loss
 1781  that could give rise to a covered liability claim and continues
 1782  until the claim is resolved. Notice may be communicated to the
 1783  insurer or an agent of the insurer by any means. However, if
 1784  actual notice is communicated by means other than through any
 1785  manner permitted by the policy or other documents provided to
 1786  the insured by the insurer, through the insurer’s website, or
 1787  through the e-mail address designated by the insurer under s.
 1788  624.422, the notice will not be effective under this subsection
 1789  if that variation causes actual prejudice to the insurer’s
 1790  ability to settle the claim. The burden is on the party bringing
 1791  the bad faith claim to prove that the insurer had actual notice
 1792  of the incident or loss giving rise to the claim that resulted
 1793  in an excess judgment and when such notice was received. After
 1794  receipt of actual notice an insurer:
 1795         (a) Must assign a duly licensed and appointed insurance
 1796  adjuster to investigate the extent of the insured’s probable
 1797  exposure and diligently attempt to resolve any questions
 1798  concerning the existence or extent of the insured’s coverage.
 1799         (b) Based on available information, must ethically evaluate
 1800  every claim fairly, honestly, and with due regard for the
 1801  interests of the insured; consider the extent of the claimant’s
 1802  recoverable damages; and consider the information in a
 1803  reasonable and prudent manner.
 1804         (c) Must request from the insured or claimant additional
 1805  relevant information the insurer reasonably deems necessary to
 1806  evaluate whether to settle a claim.
 1807         (d) Must conduct all verbal and written communications with
 1808  the insured with the utmost honesty and complete candor.
 1809         (e)Must make reasonable efforts to explain to persons not
 1810  represented by counsel matters requiring expertise beyond the
 1811  level normally expected of a layperson with no training in
 1812  insurance or claims-handling issues.
 1813         (f)Must retain all written communications and note and
 1814  retain a summary of all verbal communications in a reasonable
 1815  manner for a period of not less than 5 years after the later of:
 1816         1.The entry of a judgment against the insured in excess of
 1817  policy limits becomes final; or
 1818         2.The conclusion of the extracontractual claim, if any,
 1819  including any related appeals.
 1820         (g) Must provide the insured, upon request, with all
 1821  nonprivileged communications related to the insurer’s handling
 1822  of the claim which are not privileged as to the insured.
 1823         (h) Must provide, at the insurer’s expense, reasonable
 1824  accommodations necessary to communicate effectively with an
 1825  insured covered under the Americans with Disabilities Act.
 1826         (i) In handling third-party claims, must communicate to an
 1827  insured all of the following:
 1828         1. The identity of any other person or entity the insurer
 1829  has reason to believe may be liable.
 1830         2. The insurer’s evaluation of the claim.
 1831         3. The likelihood and possible extent of an excess
 1832  judgment.
 1833         4. Steps the insured can take to avoid exposure to an
 1834  excess judgment, including the right to secure personal counsel
 1835  at the insured’s expense.
 1836         5. The insured’s duty to cooperate with the insurer,
 1837  including any specific requests required because of a settlement
 1838  opportunity or by the insurer for the insured’s cooperation
 1839  under subsection (5), the purpose of the required cooperation,
 1840  and the consequences of refusing to cooperate.
 1841         6.Any settlement demands or offers.
 1842         (j)If, after the expiration of the safe harbor periods in
 1843  subsection (8), the facts available to the insurer indicate that
 1844  the insured’s liability is likely to exceed the policy limits,
 1845  must initiate settlement negotiations by tendering its policy
 1846  limits to the claimant in exchange for a general release of the
 1847  insured.
 1848         (k)1.Must give fair consideration to a settlement offer
 1849  that is not unreasonable under the facts available to the
 1850  insurer and settle, if possible, when a reasonably prudent
 1851  person, faced with the prospect of paying the total probable
 1852  exposure of the insured, would do so. The insurer shall provide
 1853  reasonable assistance to the insured to comply with the
 1854  insured’s obligations to cooperate and shall act reasonably to
 1855  attempt to satisfy any conditions of a claimant’s settlement
 1856  offer. If it is not possible to settle a liability claim within
 1857  the available policy limits, the insurer shall act reasonably to
 1858  attempt to minimize the excess exposure to the insured.
 1859         2.When multiple claims arise out of a single occurrence,
 1860  the combined value of all claims exceeds the total of all
 1861  applicable policy limits, and the claimants are unwilling to
 1862  globally settle within the policy limits, thereafter, must
 1863  attempt to minimize the magnitude of possible excess judgments
 1864  against the insured. The insurer is entitled to great discretion
 1865  to decide how much to offer each respective claimant in its
 1866  attempt to protect the insured. The insurer may, in its effort
 1867  to minimize the excess liability of the insured, use its
 1868  discretion to offer the full available policy limits to one or
 1869  more claimants to the exclusion of other claimants and may leave
 1870  the insured exposed to some liability after all the policy
 1871  limits are paid. An insurer does not act in bad faith simply
 1872  because it is unable to settle all claims in a multiple claimant
 1873  case. It is a defense to a bad faith action if the insurer
 1874  establishes that it used its discretion for the benefit of its
 1875  insureds and complied with the other best practices standards of
 1876  this subsection.
 1877         (l)When a loss creates the potential for a third-party
 1878  claim against more than one insured, must attempt to settle the
 1879  claim on behalf of all insureds against whom a claim may be
 1880  presented. If it is not possible to settle on behalf of all
 1881  insureds, the insurer may, in consultation with the insureds,
 1882  enter into reasonable settlements of claims against certain
 1883  insureds to the exclusion of other insureds.
 1884         (m)Must respond to any request for insurance information
 1885  in compliance with s. 627.4137 or s. 626.9372, as applicable.
 1886         (n)Where it appears the insured’s probable exposure is
 1887  greater than policy limits, must take reasonable measures to
 1888  preserve evidence, for a reasonable period of time, which is
 1889  needed for the defense of the liability claim.
 1890         (o)Must comply with s. 627.426, if applicable.
 1891         (p)May not commit or perform with such frequency as to
 1892  indicate a general business practice, any of the following:
 1893         1.Failing to adopt and implement standards for the proper
 1894  investigation of claims.
 1895         2.Misrepresenting pertinent facts or insurance policy
 1896  provisions relating to coverages at issue.
 1897         3.Failing to acknowledge and act promptly upon
 1898  communications with respect to claims.
 1899         4.Denying claims without conducting reasonable
 1900  investigations based upon available information.
 1901         (5)INSURED’S DUTY TO COOPERATE.—
 1902         (a)Insureds have a duty to cooperate with their insurer in
 1903  the defense of the claim and in making settlements. Accordingly,
 1904  the insured must take any reasonable action requested by the
 1905  injured claimant or provided in the policy which is necessary to
 1906  assist the insurer in settling a covered claim, including:
 1907         1.Executing affidavits regarding the facts within the
 1908  insured’s knowledge regarding the covered loss; and
 1909         2.Providing documents, including those requested pursuant
 1910  to paragraph (b).
 1911         (b)When it is reasonably necessary to settle a covered
 1912  claim valued in excess of all applicable policy limits, upon the
 1913  request of the injured claimant, an insured must disclose on a
 1914  form adopted by the department or provided by the claimant a
 1915  summary of the following:
 1916         1.The insured’s assets at the time of the loss, including:
 1917         a.Cash, stocks, bonds, and nonretirement-based mutual
 1918  funds;
 1919         b.Nonhomestead real property;
 1920         c.All registered vehicles;
 1921         d.All bank accounts;
 1922         e.An estimated net accounting of all other assets; and
 1923         f.Any additional information included by the department.
 1924         2.The insured’s liabilities, including:
 1925         a.Mortgage debt;
 1926         b.Credit card debt;
 1927         c.Child support and alimony payments;
 1928         d.Other liabilities; and
 1929         e.Any additional information included by the department.
 1930         3.For a corporate entity, information on its balance
 1931  sheet, including the corporate entity’s:
 1932         a.Cash, property, equipment, and inventory;
 1933         b.Liabilities, including obligations, rent, money owed to
 1934  vendors, payroll, and taxes;
 1935         c.Other information relevant to understanding the entity’s
 1936  capital and net worth; and
 1937         d.Any additional information included by the department.
 1938         4.A list of all insurance policies that may provide
 1939  coverage for the claim, stating the name of the insurer and
 1940  policy number of each policy.
 1941         5.For natural persons, a statement of whether the insured
 1942  was acting in the course and scope of employment at the time of
 1943  the incident or loss giving rise to the claim and, if so,
 1944  providing the name and contact information for the insured’s
 1945  employer.
 1946         (c)No later than 14 days following actual notice of an
 1947  incident or a loss that could give rise to a covered liability
 1948  claim, the insurer must notify the insured of the insured’s
 1949  duties under this subsection. The burden is on the insurer to
 1950  prove it provided notice to the insured of the insured’s duty to
 1951  cooperate; otherwise, a presumption arises that the insured met
 1952  its duty to cooperate under this subsection.
 1953         (d)An insurer may terminate the defense as to any insured
 1954  who unreasonably fails to meet its duties under this subsection
 1955  when:
 1956         1.The insurer exercised diligence and met its duties under
 1957  subparagraph (4)(i)5.;
 1958         2.The insurer provided reasonable assistance to the
 1959  insured to comply with the obligations of this subsection;
 1960         3.The insurer gave the insured written notice of any
 1961  failure to cooperate and a reasonable opportunity for the
 1962  insured to cure the lack of cooperation, consistent with any
 1963  deadlines imposed by settlement negotiations;
 1964         4.The insured’s failure to cooperate causes the insurer to
 1965  be unable to settle the claim; and
 1966         5.The insurer unconditionally tenders its available
 1967  coverage policy limits directly to the claimant or the
 1968  claimant’s attorney.
 1969         (e)When an insured’s defense is terminated in compliance
 1970  with this subsection, the insurer is not liable for any damages
 1971  caused by a failure to settle or defend the liability claim
 1972  against that insured.
 1973         (6) CLAIMANT COMMUNICATIONS.—The trier of fact may not
 1974  attribute the insurer’s failure to settle a covered third-party
 1975  claim to a claimant’s lack of communication with the insurer
 1976  when the claimant truthfully complies with all applicable
 1977  standards of this subsection by:
 1978         (a)Contemporaneously with or before making a claim with
 1979  the insurer, communicating in writing to the insurer:
 1980         1. The date and location of loss;
 1981         2. The name, address, and date of birth of the claimant;
 1982  and
 1983         3.A physical address, an e-mail address, and a facsimile
 1984  number for further communications, including, but not limited
 1985  to, responses to any settlement demand.
 1986         (b)Presenting the following in writing:
 1987         1. The legal and factual basis of the claim; and
 1988         2.A reasonably detailed description of the claimant’s:
 1989         a. Known injuries caused or aggravated by the incident or
 1990  loss on which the claim is based;
 1991         b. Medical treatment causally related to the incident or
 1992  loss on which the claim is based;
 1993         c. Relevant pre-accident medical conditions, if known; and
 1994         d. Type and amount of known damages incurred and, if any,
 1995  the damages the claimant reasonably anticipates incurring in the
 1996  future.
 1997         (c)Providing any settlement demand in writing and stating
 1998  within such demand:
 1999         1.The name of each insured to whom the demand for
 2000  settlement is directed;
 2001         2.The amount of the demand for settlement; and
 2002         3.Any conditions the claimant is placing on acceptance of
 2003  the demand for settlement.
 2004  
 2005  This subsection does not reduce an insurer’s duty of good faith,
 2006  which is owed solely to its insured. The claimant owes no duty
 2007  to the insured or the insurer, and the duties of the claimant’s
 2008  attorney are owed solely to their client. The claimant and the
 2009  claimant’s attorneys do not have a duty to comply with this
 2010  subsection.
 2011         (7) CONDITIONS PRECEDENT.—It is a condition precedent to
 2012  filing an action against an insurer for bad faith failure to
 2013  settle a third-party claim that:
 2014         (a)A third-party claimant obtained a final judgment in
 2015  excess of the policy limits against the insured or the insured’s
 2016  estate, bankruptcy trustee, or successor in interest, unless the
 2017  insurer expressly waived the requirement of a final excess
 2018  judgment or wrongfully breached its duty to defend the insured;
 2019  and
 2020         (b)The insurer or an agent of the insurer received actual
 2021  notice effective under subsection (4).
 2022         (8) SAFE HARBORS.—
 2023         (a)After an insurer receives actual notice of an incident
 2024  or a loss that could give rise to a covered liability claim, the
 2025  insurer is entitled to a reasonable opportunity to investigate
 2026  and evaluate the claim. The amount of time required for the
 2027  insurer’s investigation and evaluation will vary depending on
 2028  the circumstances of the claim. The safe harbors provided in
 2029  this subsection are available to an insurer that complies with
 2030  the best practices standards of subsection (4).
 2031         (b)When one claim arises out of a single occurrence, and
 2032  an insurer initiates settlement negotiations by tendering the
 2033  applicable policy limits in exchange for a general release of
 2034  the insured within 45 days after receiving actual notice of the
 2035  loss, the failure to tender the policy limits sooner does not
 2036  constitute bad faith.
 2037         (c)When multiple claims arise out of a single occurrence,
 2038  the combined value of all claims exceeds the total of all
 2039  applicable policy limits, and an insurer initiates settlement
 2040  negotiations by globally tendering the applicable policy limits
 2041  in exchange for a general release of the insured within 45 days
 2042  after receiving actual notice of the loss, the failure to tender
 2043  policy limits sooner does not constitute bad faith.
 2044         (d)An insurer is not under any circumstances liable for
 2045  the failure to accept a settlement offer within 45 days after
 2046  receiving actual notice of the loss if:
 2047         1.The settlement offer provides the insurer fewer than 15
 2048  days for acceptance; or
 2049         2.The settlement offer provides the insurer fewer than 30
 2050  days for acceptance where the offer contains conditions for
 2051  acceptance other than the insurer’s disclosure of its policy
 2052  limits.
 2053         (e)This subsection does not require that an insurer
 2054  automatically tender policy limits within 45 days in every case.
 2055         (9)BURDEN OF PROOF.—In any action for bad faith failure to
 2056  settle as defined in subsection (3):
 2057         (a)The party bringing the bad faith claim must prove every
 2058  element of the claim by the greater weight of the evidence,
 2059  taking into account the totality of the circumstances.
 2060         (b)An insurer that relies upon paragraph (5)(d) as a
 2061  defense to a claim for bad faith failure to settle must prove
 2062  the elements of that paragraph by the greater weight of the
 2063  evidence.
 2064         (c)An insurer that relies upon a safe harbor provision of
 2065  subsection (8) must prove the elements of the safe harbor by the
 2066  greater weight of the evidence.
 2067         (10) DAMAGES.—If the trier of fact finds that the party
 2068  bringing the bad faith claim has met its burden of proof, the
 2069  insurer is liable for the amount of any excess judgment,
 2070  together with court costs and, if the party bringing the bad
 2071  faith claim is the insured or an assignee of the insured, the
 2072  reasonable attorney fees incurred by the party bringing the bad
 2073  faith claim. Punitive damages may not be awarded.
 2074         Section 35. Paragraphs (i) and (o) of subsection (1) of
 2075  section 626.9541, Florida Statutes, are amended to read:
 2076         626.9541 Unfair methods of competition and unfair or
 2077  deceptive acts or practices defined.—
 2078         (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE
 2079  ACTS.—The following are defined as unfair methods of competition
 2080  and unfair or deceptive acts or practices:
 2081         (i) Unfair claim settlement practices.—
 2082         1. Attempting to settle claims on the basis of an
 2083  application, when serving as a binder or intended to become a
 2084  part of the policy, or any other material document which was
 2085  altered without notice to, or knowledge or consent of, the
 2086  insured;
 2087         2. Making a material misrepresentation made to an insured
 2088  or any other person having an interest in the proceeds payable
 2089  under such contract or policy, for the purpose and with the
 2090  intent of effecting settlement of such claims, loss, or damage
 2091  under such contract or policy on less favorable terms than those
 2092  provided in, and contemplated by, such contract or policy; or
 2093         3. Committing or performing with such frequency as to
 2094  indicate a general business practice any of the following:
 2095         a. Failing to adopt and implement standards for the proper
 2096  investigation of claims;
 2097         b. Misrepresenting pertinent facts or insurance policy
 2098  provisions relating to coverages at issue;
 2099         c. Failing to acknowledge and act promptly upon
 2100  communications with respect to claims;
 2101         d. Denying claims without conducting reasonable
 2102  investigations based upon available information;
 2103         e. Failing to affirm or deny full or partial coverage of
 2104  claims, and, as to partial coverage, the dollar amount or extent
 2105  of coverage, or failing to provide a written statement that the
 2106  claim is being investigated, upon the written request of the
 2107  insured within 30 days after proof-of-loss statements have been
 2108  completed;
 2109         f. Failing to promptly provide a reasonable explanation in
 2110  writing to the insured of the basis in the insurance policy, in
 2111  relation to the facts or applicable law, for denial of a claim
 2112  or for the offer of a compromise settlement;
 2113         g. Failing to promptly notify the insured of any additional
 2114  information necessary for the processing of a claim; or
 2115         h. Failing to clearly explain the nature of the requested
 2116  information and the reasons why such information is necessary.
 2117         i. Failing to pay personal injury protection insurance
 2118  claims within the time periods required by s. 627.736(4)(b). The
 2119  office may order the insurer to pay restitution to a
 2120  policyholder, medical provider, or other claimant, including
 2121  interest at a rate consistent with the amount set forth in s.
 2122  55.03(1), for the time period within which an insurer fails to
 2123  pay claims as required by law. Restitution is in addition to any
 2124  other penalties allowed by law, including, but not limited to,
 2125  the suspension of the insurer’s certificate of authority.
 2126         4. Failing to pay undisputed amounts of partial or full
 2127  benefits owed under first-party property insurance policies
 2128  within 90 days after an insurer receives notice of a residential
 2129  property insurance claim, determines the amounts of partial or
 2130  full benefits, and agrees to coverage, unless payment of the
 2131  undisputed benefits is prevented by an act of God, prevented by
 2132  the impossibility of performance, or due to actions by the
 2133  insured or claimant that constitute fraud, lack of cooperation,
 2134  or intentional misrepresentation regarding the claim for which
 2135  benefits are owed.
 2136         (o) Illegal dealings in premiums; excess or reduced charges
 2137  for insurance.—
 2138         1. Knowingly collecting any sum as a premium or charge for
 2139  insurance, which is not then provided, or is not in due course
 2140  to be provided, subject to acceptance of the risk by the
 2141  insurer, by an insurance policy issued by an insurer as
 2142  permitted by this code.
 2143         2. Knowingly collecting as a premium or charge for
 2144  insurance any sum in excess of or less than the premium or
 2145  charge applicable to such insurance, in accordance with the
 2146  applicable classifications and rates as filed with and approved
 2147  by the office, and as specified in the policy; or, in cases when
 2148  classifications, premiums, or rates are not required by this
 2149  code to be so filed and approved, premiums and charges collected
 2150  from a Florida resident in excess of or less than those
 2151  specified in the policy and as fixed by the insurer.
 2152  Notwithstanding any other provision of law, this provision shall
 2153  not be deemed to prohibit the charging and collection, by
 2154  surplus lines agents licensed under part VIII of this chapter,
 2155  of the amount of applicable state and federal taxes, or fees as
 2156  authorized by s. 626.916(4), in addition to the premium required
 2157  by the insurer or the charging and collection, by licensed
 2158  agents, of the exact amount of any discount or other such fee
 2159  charged by a credit card facility in connection with the use of
 2160  a credit card, as authorized by subparagraph (q)3., in addition
 2161  to the premium required by the insurer. This subparagraph shall
 2162  not be construed to prohibit collection of a premium for a
 2163  universal life or a variable or indeterminate value insurance
 2164  policy made in accordance with the terms of the contract.
 2165         3.a. Imposing or requesting an additional premium for
 2166  bodily injury liability coverage, property damage liability
 2167  coverage a policy of motor vehicle liability, personal injury
 2168  protection, medical payments coverage payment, or collision
 2169  coverage in a motor vehicle liability insurance policy insurance
 2170  or any combination thereof or refusing to renew the policy
 2171  solely because the insured was involved in a motor vehicle
 2172  accident unless the insurer’s file contains information from
 2173  which the insurer in good faith determines that the insured was
 2174  substantially at fault in the accident.
 2175         b. An insurer which imposes and collects such a surcharge
 2176  or which refuses to renew such policy shall, in conjunction with
 2177  the notice of premium due or notice of nonrenewal, notify the
 2178  named insured that he or she is entitled to reimbursement of
 2179  such amount or renewal of the policy under the conditions listed
 2180  below and will subsequently reimburse him or her or renew the
 2181  policy, if the named insured demonstrates that the operator
 2182  involved in the accident was:
 2183         (I) Lawfully parked;
 2184         (II) Reimbursed by, or on behalf of, a person responsible
 2185  for the accident or has a judgment against such person;
 2186         (III) Struck in the rear by another vehicle headed in the
 2187  same direction and was not convicted of a moving traffic
 2188  violation in connection with the accident;
 2189         (IV) Hit by a “hit-and-run” driver, if the accident was
 2190  reported to the proper authorities within 24 hours after
 2191  discovering the accident;
 2192         (V) Not convicted of a moving traffic violation in
 2193  connection with the accident, but the operator of the other
 2194  automobile involved in such accident was convicted of a moving
 2195  traffic violation;
 2196         (VI) Finally adjudicated not to be liable by a court of
 2197  competent jurisdiction;
 2198         (VII) In receipt of a traffic citation which was dismissed
 2199  or nolle prossed; or
 2200         (VIII) Not at fault as evidenced by a written statement
 2201  from the insured establishing facts demonstrating lack of fault
 2202  which are not rebutted by information in the insurer’s file from
 2203  which the insurer in good faith determines that the insured was
 2204  substantially at fault.
 2205         c. In addition to the other provisions of this
 2206  subparagraph, an insurer may not fail to renew a policy if the
 2207  insured has had only one accident in which he or she was at
 2208  fault within the current 3-year period. However, an insurer may
 2209  nonrenew a policy for reasons other than accidents in accordance
 2210  with s. 627.728. This subparagraph does not prohibit nonrenewal
 2211  of a policy under which the insured has had three or more
 2212  accidents, regardless of fault, during the most recent 3-year
 2213  period.
 2214         4. Imposing or requesting an additional premium for, or
 2215  refusing to renew, a policy for motor vehicle insurance solely
 2216  because the insured committed a noncriminal traffic infraction
 2217  as described in s. 318.14 unless the infraction is:
 2218         a. A second infraction committed within an 18-month period,
 2219  or a third or subsequent infraction committed within a 36-month
 2220  period.
 2221         b. A violation of s. 316.183, when such violation is a
 2222  result of exceeding the lawful speed limit by more than 15 miles
 2223  per hour.
 2224         5. Upon the request of the insured, the insurer and
 2225  licensed agent shall supply to the insured the complete proof of
 2226  fault or other criteria which justifies the additional charge or
 2227  cancellation.
 2228         6. No insurer shall impose or request an additional premium
 2229  for motor vehicle insurance, cancel or refuse to issue a policy,
 2230  or refuse to renew a policy because the insured or the applicant
 2231  is a handicapped or physically disabled person, so long as such
 2232  handicap or physical disability does not substantially impair
 2233  such person’s mechanically assisted driving ability.
 2234         7. No insurer may cancel or otherwise terminate any
 2235  insurance contract or coverage, or require execution of a
 2236  consent to rate endorsement, during the stated policy term for
 2237  the purpose of offering to issue, or issuing, a similar or
 2238  identical contract or coverage to the same insured with the same
 2239  exposure at a higher premium rate or continuing an existing
 2240  contract or coverage with the same exposure at an increased
 2241  premium.
 2242         8. No insurer may issue a nonrenewal notice on any
 2243  insurance contract or coverage, or require execution of a
 2244  consent to rate endorsement, for the purpose of offering to
 2245  issue, or issuing, a similar or identical contract or coverage
 2246  to the same insured at a higher premium rate or continuing an
 2247  existing contract or coverage at an increased premium without
 2248  meeting any applicable notice requirements.
 2249         9. No insurer shall, with respect to premiums charged for
 2250  motor vehicle insurance, unfairly discriminate solely on the
 2251  basis of age, sex, marital status, or scholastic achievement.
 2252         10. Imposing or requesting an additional premium for motor
 2253  vehicle comprehensive or uninsured motorist coverage solely
 2254  because the insured was involved in a motor vehicle accident or
 2255  was convicted of a moving traffic violation.
 2256         11. No insurer shall cancel or issue a nonrenewal notice on
 2257  any insurance policy or contract without complying with any
 2258  applicable cancellation or nonrenewal provision required under
 2259  the Florida Insurance Code.
 2260         12. No insurer shall impose or request an additional
 2261  premium, cancel a policy, or issue a nonrenewal notice on any
 2262  insurance policy or contract because of any traffic infraction
 2263  when adjudication has been withheld and no points have been
 2264  assessed pursuant to s. 318.14(9) and (10). However, this
 2265  subparagraph does not apply to traffic infractions involving
 2266  accidents in which the insurer has incurred a loss due to the
 2267  fault of the insured.
 2268         Section 36. Paragraph (a) of subsection (1) of section
 2269  626.989, Florida Statutes, is amended to read:
 2270         626.989 Investigation by department or Division of
 2271  Investigative and Forensic Services; compliance; immunity;
 2272  confidential information; reports to division; division
 2273  investigator’s power of arrest.—
 2274         (1) For the purposes of this section:
 2275         (a) A person commits a “fraudulent insurance act” if the
 2276  person:
 2277         1. Knowingly and with intent to defraud presents, causes to
 2278  be presented, or prepares with knowledge or belief that it will
 2279  be presented, to or by an insurer, self-insurer, self-insurance
 2280  fund, servicing corporation, purported insurer, broker, or any
 2281  agent thereof, any written statement as part of, or in support
 2282  of, an application for the issuance of, or the rating of, any
 2283  insurance policy, or a claim for payment or other benefit
 2284  pursuant to any insurance policy, which the person knows to
 2285  contain materially false information concerning any fact
 2286  material thereto or if the person conceals, for the purpose of
 2287  misleading another, information concerning any fact material
 2288  thereto.
 2289         2. Knowingly submits:
 2290         a. A false, misleading, or fraudulent application or other
 2291  document when applying for licensure as a health care clinic,
 2292  seeking an exemption from licensure as a health care clinic, or
 2293  demonstrating compliance with part X of chapter 400 with an
 2294  intent to use the license, exemption from licensure, or
 2295  demonstration of compliance to provide services or seek
 2296  reimbursement under a motor vehicle liability insurance policy’s
 2297  medical payments coverage the Florida Motor Vehicle No-Fault
 2298  Law.
 2299         b. A claim for payment or other benefit under medical
 2300  payments coverage, pursuant to a personal injury protection
 2301  insurance policy under the Florida Motor Vehicle No-Fault Law if
 2302  the person knows that the payee knowingly submitted a false,
 2303  misleading, or fraudulent application or other document when
 2304  applying for licensure as a health care clinic, seeking an
 2305  exemption from licensure as a health care clinic, or
 2306  demonstrating compliance with part X of chapter 400.
 2307         Section 37. Subsection (1) of section 627.06501, Florida
 2308  Statutes, is amended to read:
 2309         627.06501 Insurance discounts for certain persons
 2310  completing driver improvement course.—
 2311         (1) Any rate, rating schedule, or rating manual for the
 2312  liability, medical payments personal injury protection, and
 2313  collision coverages of a motor vehicle insurance policy filed
 2314  with the office may provide for an appropriate reduction in
 2315  premium charges as to such coverages if when the principal
 2316  operator on the covered vehicle has successfully completed a
 2317  driver improvement course approved and certified by the
 2318  Department of Highway Safety and Motor Vehicles which is
 2319  effective in reducing crash or violation rates, or both, as
 2320  determined pursuant to s. 318.1451(5). Any discount, not to
 2321  exceed 10 percent, used by an insurer is presumed to be
 2322  appropriate unless credible data demonstrates otherwise.
 2323         Section 38. Subsection (15) is added to section 627.0651,
 2324  Florida Statutes, to read:
 2325         627.0651 Making and use of rates for motor vehicle
 2326  insurance.—
 2327         (15) Rate filings for motor vehicle liability policies that
 2328  implement the financial responsibility requirements of s.
 2329  324.022 in effect January 1, 2022, except for commercial motor
 2330  vehicle insurance policies exempt under paragraph (14)(a), must
 2331  reflect such financial responsibility requirements and may be
 2332  approved only through the file and use process under paragraph
 2333  (1)(a).
 2334         Section 39. Subsection (1) of section 627.0652, Florida
 2335  Statutes, is amended to read:
 2336         627.0652 Insurance discounts for certain persons completing
 2337  safety course.—
 2338         (1) Any rates, rating schedules, or rating manuals for the
 2339  liability, medical payments personal injury protection, and
 2340  collision coverages of a motor vehicle insurance policy filed
 2341  with the office must shall provide for an appropriate reduction
 2342  in premium charges as to such coverages if when the principal
 2343  operator on the covered vehicle is an insured 55 years of age or
 2344  older who has successfully completed a motor vehicle accident
 2345  prevention course approved by the Department of Highway Safety
 2346  and Motor Vehicles. Any discount used by an insurer is presumed
 2347  to be appropriate unless credible data demonstrates otherwise.
 2348         Section 40. Subsections (1), (3), and (6) of section
 2349  627.0653, Florida Statutes, are amended to read:
 2350         627.0653 Insurance discounts for specified motor vehicle
 2351  equipment.—
 2352         (1) Any rates, rating schedules, or rating manuals for the
 2353  liability, medical payments personal injury protection, and
 2354  collision coverages of a motor vehicle insurance policy filed
 2355  with the office must shall provide a premium discount if the
 2356  insured vehicle is equipped with factory-installed, four-wheel
 2357  antilock brakes.
 2358         (3) Any rates, rating schedules, or rating manuals for
 2359  personal injury protection coverage and medical payments
 2360  coverage, if offered, of a motor vehicle insurance policy filed
 2361  with the office must shall provide a premium discount if the
 2362  insured vehicle is equipped with one or more air bags that which
 2363  are factory installed.
 2364         (6) The Office of Insurance Regulation may approve a
 2365  premium discount to any rates, rating schedules, or rating
 2366  manuals for the liability, medical payments personal injury
 2367  protection, and collision coverages of a motor vehicle insurance
 2368  policy filed with the office if the insured vehicle is equipped
 2369  with an automated driving system or electronic vehicle collision
 2370  avoidance technology that is factory installed or a retrofitted
 2371  system and that complies with National Highway Traffic Safety
 2372  Administration standards.
 2373         Section 41. Section 627.4132, Florida Statutes, is amended
 2374  to read:
 2375         627.4132 Stacking of coverages prohibited.—If an insured or
 2376  named insured is protected by any type of motor vehicle
 2377  insurance policy for bodily injury and property damage
 2378  liability, personal injury protection, or other coverage, the
 2379  policy must shall provide that the insured or named insured is
 2380  protected only to the extent of the coverage she or he has on
 2381  the vehicle involved in the accident. However, if none of the
 2382  insured’s or named insured’s vehicles are is involved in the
 2383  accident, coverage is available only to the extent of coverage
 2384  on any one of the vehicles with applicable coverage. Coverage on
 2385  any other vehicles may shall not be added to or stacked upon
 2386  that coverage. This section does not apply:
 2387         (1) Apply to uninsured motorist coverage that which is
 2388  separately governed by s. 627.727.
 2389         (2) To Reduce the coverage available by reason of insurance
 2390  policies insuring different named insureds.
 2391         Section 42. Subsection (1) of section 627.4137, Florida
 2392  Statutes, is amended to read:
 2393         627.4137 Disclosure of certain information required.—
 2394         (1) Each insurer which does or may provide liability
 2395  insurance coverage to pay all or a portion of any claim which
 2396  might be made shall provide, within 30 days of the written
 2397  request of the claimant or the claimant’s attorney, a statement,
 2398  under oath, of a corporate officer or the insurer’s claims
 2399  manager or superintendent setting forth the following
 2400  information with regard to each known policy of insurance,
 2401  including excess or umbrella insurance:
 2402         (a) The name of the insurer.
 2403         (b) The name of each insured.
 2404         (c) The limits of the liability coverage.
 2405         (d) A statement of any policy or coverage defense which
 2406  such insurer reasonably believes is available to such insurer at
 2407  the time of filing such statement.
 2408         (e) A copy of the policy.
 2409  
 2410  In addition, the insured, or her or his insurance agent, upon
 2411  written request of the claimant or the claimant’s attorney,
 2412  shall disclose the name and coverage of each known insurer to
 2413  the claimant and shall forward such request for information as
 2414  required by this subsection to all affected insurers. The
 2415  insurer shall then supply the information required in this
 2416  subsection to the claimant within 30 days of receipt of such
 2417  request. If an insurer fails to timely comply with this section,
 2418  the claimant may file an action in a court of competent
 2419  jurisdiction to enforce this section. If the court determines
 2420  that the insurer violated this section, the claimant is entitled
 2421  to an award of reasonable attorney fees and costs to be paid by
 2422  the insurer.
 2423         Section 43. Section 627.7263, Florida Statutes, is amended
 2424  to read:
 2425         627.7263 Rental and leasing driver’s insurance to be
 2426  primary; exception.—
 2427         (1) The valid and collectible liability insurance and
 2428  medical payments coverage or personal injury protection
 2429  insurance providing coverage for the lessor of a motor vehicle
 2430  for rent or lease is primary unless otherwise stated in at least
 2431  10-point type on the face of the rental or lease agreement. Such
 2432  insurance is primary for the limits of liability and personal
 2433  injury protection coverage as required by s. 324.021(7) and the
 2434  medical payments coverage limit specified under s. 627.7265 ss.
 2435  324.021(7) and 627.736.
 2436         (2) If the lessee’s coverage is to be primary, the rental
 2437  or lease agreement must contain the following language, in at
 2438  least 10-point type:
 2439  
 2440  “The valid and collectible liability insurance and medical
 2441  payments coverage personal injury protection insurance of an any
 2442  authorized rental or leasing driver is primary for the limits of
 2443  liability and personal injury protection coverage required under
 2444  section 324.021(7), Florida Statutes, and the medical payments
 2445  coverage limit specified under section 627.7265 by ss.
 2446  324.021(7) and 627.736, Florida Statutes.”
 2447         Section 44. Section 627.7265, Florida Statutes, is created
 2448  to read:
 2449         627.7265 Motor vehicle insurance; medical payments
 2450  coverage.—
 2451         (1)Medical payments coverage must protect the named
 2452  insured, resident relatives, persons operating the insured motor
 2453  vehicle, passengers in the insured motor vehicle, and persons
 2454  who are struck by the insured motor vehicle and suffer bodily
 2455  injury while not an occupant of a self-propelled motor vehicle
 2456  at a limit of at least $5,000 for medical expenses incurred due
 2457  to bodily injury, sickness, or disease arising out of the
 2458  ownership, maintenance, or use of a motor vehicle. The coverage
 2459  must provide an additional death benefit of at least $5,000.
 2460         (a) Every motor vehicle liability insurance policy
 2461  furnished as proof of financial responsibility under s. 324.031
 2462  must include medical payments coverage at a limit of $5,000. The
 2463  insurer must also offer medical payments coverage at a limit of
 2464  $10,000 and may also offer medical payments coverage at any
 2465  limit greater than $5,000.
 2466         (b) The insurer must offer medical payments coverage with
 2467  no deductible. The insurer may also offer medical payments
 2468  coverage with a deductible not to exceed $500.
 2469         (c) Each motor vehicle liability insurance policy furnished
 2470  as proof of financial responsibility under s. 324.031 is deemed
 2471  to have:
 2472         1. Medical payments coverage to a limit of $10,000, unless
 2473  the insurer obtains a named insured’s written refusal of medical
 2474  payments coverage or written selection of medical payments
 2475  coverage at a limit other than $10,000, but not less than
 2476  $5,000. The rejection or selection of coverage at a limit other
 2477  than $10,000 must be made on a form approved by the office.
 2478         2. No medical payments coverage deductible, unless the
 2479  insurer obtains a named insured’s written selection of a
 2480  deductible up to $500. The selection of a deductible must be
 2481  made on a form approved by the office.
 2482         (d)1. The forms referenced in subparagraphs (c)1. and 2.
 2483  must fully advise the applicant of the nature of the coverage
 2484  being rejected or the policy limit or deductible being selected.
 2485  If the form is signed by a named insured, it is conclusively
 2486  presumed that there was an informed, knowing rejection of the
 2487  coverage or election of the policy limit or deductible.
 2488         2. Unless a named insured requests in writing the coverage
 2489  specified in this section, it need not be provided in or
 2490  supplemental to any other policy that renews, insures, extends,
 2491  changes, supersedes, or replaces an existing policy if a named
 2492  insured has rejected the coverage specified in this section or
 2493  has selected an alternative coverage limit or deductible. At
 2494  least annually, the insurer shall provide to the named insured a
 2495  notice of the availability of such coverage in a form approved
 2496  by the office. The notice must be part of, and attached to, the
 2497  notice of premium and must provide for a means to allow a named
 2498  insured to request medical payments coverage at the limits and
 2499  deductibles required to be offered under this section. The
 2500  notice must be given in a manner approved by the office. Receipt
 2501  of this notice does not constitute an affirmative waiver of the
 2502  insured’s right to medical payments coverage if a named insured
 2503  has not signed a selection or rejection form.
 2504         (e) This section may not be construed to limit any other
 2505  coverage made available by an insurer.
 2506         (2) Upon receiving notice of an accident that is
 2507  potentially covered by medical payments coverage benefits, the
 2508  insurer must reserve $5,000 of medical payments coverage
 2509  benefits for payment to physicians licensed under chapter 458 or
 2510  chapter 459 or dentists licensed under chapter 466 who provide
 2511  emergency services and care, as defined in s. 395.002, or who
 2512  provide hospital inpatient care. The amount required to be held
 2513  in reserve may be used only to pay claims from such physicians
 2514  or dentists until 30 days after the date the insurer receives
 2515  notice of the accident. After the 30-day period, any amount of
 2516  the reserve for which the insurer has not received notice of
 2517  such claims may be used by the insurer to pay other claims. This
 2518  subsection does not require an insurer to establish a claim
 2519  reserve for insurance accounting purposes.
 2520         (3) An insurer providing medical payments coverage benefits
 2521  may not:
 2522         (a) Seek a lien on any recovery in tort by judgment,
 2523  settlement, or otherwise for medical payments coverage benefits,
 2524  regardless of whether suit has been filed or settlement has been
 2525  reached without suit; or
 2526         (b) Bring a cause of action against a person to whom or for
 2527  whom medical payments coverage benefits were paid, except when
 2528  medical payments coverage benefits were paid by reason of fraud
 2529  committed by that person.
 2530         (4) An insurer providing medical payments coverage may
 2531  include provisions in its policy allowing for subrogation for
 2532  medical payments coverage benefits paid if the expenses giving
 2533  rise to the payments were caused by the wrongful act or omission
 2534  of another who is not also an insured under the policy paying
 2535  the medical payments coverage benefits. However, this
 2536  subrogation right is inferior to the rights of the injured
 2537  insured and is available only after all the insured’s damages
 2538  are recovered and the insured is made whole. An insured who
 2539  obtains a recovery from a third party of the full amount of the
 2540  damages sustained and delivers a release or satisfaction that
 2541  impairs a medical payments insurer’s subrogation right is liable
 2542  to the insurer for repayment of medical payments coverage
 2543  benefits less any expenses of acquiring the recovery, including
 2544  a prorated share of attorney fees and costs, and shall hold that
 2545  net recovery in trust to be delivered to the medical payments
 2546  insurer. The insurer may not include any provision in its policy
 2547  allowing for subrogation for any death benefit paid.
 2548         Section 45. Subsections (1) and (7) of section 627.727,
 2549  Florida Statutes, are amended to read:
 2550         627.727 Motor vehicle insurance; uninsured and underinsured
 2551  vehicle coverage; insolvent insurer protection.—
 2552         (1) A No motor vehicle liability insurance policy that
 2553  which provides bodily injury liability coverage may not shall be
 2554  delivered or issued for delivery in this state with respect to
 2555  any specifically insured or identified motor vehicle registered
 2556  or principally garaged in this state, unless uninsured motor
 2557  vehicle coverage is provided therein or supplemental thereto for
 2558  the protection of persons insured thereunder who are legally
 2559  entitled to recover damages from owners or operators of
 2560  uninsured motor vehicles because of bodily injury, sickness, or
 2561  disease, including death, resulting therefrom. However, the
 2562  coverage required under this section is not applicable if when,
 2563  or to the extent that, an insured named in the policy makes a
 2564  written rejection of the coverage on behalf of all insureds
 2565  under the policy. If When a motor vehicle is leased for a period
 2566  of 1 year or longer and the lessor of such vehicle, by the terms
 2567  of the lease contract, provides liability coverage on the leased
 2568  vehicle, the lessee of such vehicle has shall have the sole
 2569  privilege to reject uninsured motorist coverage or to select
 2570  lower limits than the bodily injury liability limits, regardless
 2571  of whether the lessor is qualified as a self-insurer pursuant to
 2572  s. 324.171. Unless an insured, or a lessee having the privilege
 2573  of rejecting uninsured motorist coverage, requests such coverage
 2574  or requests higher uninsured motorist limits in writing, the
 2575  coverage or such higher uninsured motorist limits need not be
 2576  provided in or supplemental to any other policy that which
 2577  renews, extends, changes, supersedes, or replaces an existing
 2578  policy with the same bodily injury liability limits when an
 2579  insured or lessee had rejected the coverage. When an insured or
 2580  lessee has initially selected limits of uninsured motorist
 2581  coverage lower than her or his bodily injury liability limits,
 2582  higher limits of uninsured motorist coverage need not be
 2583  provided in or supplemental to any other policy that which
 2584  renews, extends, changes, supersedes, or replaces an existing
 2585  policy with the same bodily injury liability limits unless an
 2586  insured requests higher uninsured motorist coverage in writing.
 2587  The rejection or selection of lower limits must shall be made on
 2588  a form approved by the office. The form must shall fully advise
 2589  the applicant of the nature of the coverage and must shall state
 2590  that the coverage is equal to bodily injury liability limits
 2591  unless lower limits are requested or the coverage is rejected.
 2592  The heading of the form must shall be in 12-point bold type and
 2593  must shall state: “You are electing not to purchase certain
 2594  valuable coverage that which protects you and your family or you
 2595  are purchasing uninsured motorist limits less than your bodily
 2596  injury liability limits when you sign this form. Please read
 2597  carefully.” If this form is signed by a named insured, it will
 2598  be conclusively presumed that there was an informed, knowing
 2599  rejection of coverage or election of lower limits on behalf of
 2600  all insureds. The insurer shall notify the named insured at
 2601  least annually of her or his options as to the coverage required
 2602  by this section. Such notice must shall be part of, and attached
 2603  to, the notice of premium, must shall provide for a means to
 2604  allow the insured to request such coverage, and must shall be
 2605  given in a manner approved by the office. Receipt of this notice
 2606  does not constitute an affirmative waiver of the insured’s right
 2607  to uninsured motorist coverage if where the insured has not
 2608  signed a selection or rejection form. The coverage described
 2609  under this section must shall be over and above, but may shall
 2610  not duplicate, the benefits available to an insured under any
 2611  workers’ compensation law, personal injury protection benefits,
 2612  disability benefits law, or similar law; under any automobile
 2613  medical payments expense coverage; under any motor vehicle
 2614  liability insurance coverage; or from the owner or operator of
 2615  the uninsured motor vehicle or any other person or organization
 2616  jointly or severally liable together with such owner or operator
 2617  for the accident,; and such coverage must shall cover the
 2618  difference, if any, between the sum of such benefits and the
 2619  damages sustained, up to the maximum amount of such coverage
 2620  provided under this section. The amount of coverage available
 2621  under this section may shall not be reduced by a setoff against
 2622  any coverage, including liability insurance. Such coverage does
 2623  shall not inure directly or indirectly to the benefit of any
 2624  workers’ compensation or disability benefits carrier or any
 2625  person or organization qualifying as a self-insurer under any
 2626  workers’ compensation or disability benefits law or similar law.
 2627         (7) The legal liability of an uninsured motorist coverage
 2628  insurer includes does not include damages in tort for pain,
 2629  suffering, disability or physical impairment, disfigurement,
 2630  mental anguish, and inconvenience, and the loss of capacity for
 2631  the enjoyment of life experienced in the past and to be
 2632  experienced in the future unless the injury or disease is
 2633  described in one or more of paragraphs (a)-(d) of s. 627.737(2).
 2634         Section 46. Section 627.7275, Florida Statutes, is amended
 2635  to read:
 2636         627.7275 Motor vehicle liability.—
 2637         (1) A motor vehicle insurance policy providing personal
 2638  injury protection as set forth in s. 627.736 may not be
 2639  delivered or issued for delivery in this state for a with
 2640  respect to any specifically insured or identified motor vehicle
 2641  registered or principally garaged in this state must provide
 2642  bodily injury liability coverage, $5,000 of medical payments
 2643  coverage, and unless the policy also provides coverage for
 2644  property damage liability coverage as required under by s.
 2645  324.022.
 2646         (2)(a) Insurers writing motor vehicle insurance in this
 2647  state shall make available, subject to the insurers’ usual
 2648  underwriting restrictions:
 2649         1. Coverage under policies as described in subsection (1)
 2650  to an applicant for private passenger motor vehicle insurance
 2651  coverage who is seeking the coverage in order to reinstate the
 2652  applicant’s driving privileges in this state if the driving
 2653  privileges were revoked or suspended pursuant to s. 316.646 or
 2654  s. 324.0221 due to the failure of the applicant to maintain
 2655  required security.
 2656         2. Coverage under policies as described in subsection (1),
 2657  which includes bodily injury also provides liability coverage
 2658  and property damage liability coverage, for bodily injury,
 2659  death, and property damage arising out of the ownership,
 2660  maintenance, or use of the motor vehicle in an amount not less
 2661  than the minimum limits required under described in s.
 2662  324.021(7) or s. 324.023 and which conforms to the requirements
 2663  of s. 324.151, to an applicant for private passenger motor
 2664  vehicle insurance coverage who is seeking the coverage in order
 2665  to reinstate the applicant’s driving privileges in this state
 2666  after such privileges were revoked or suspended under s. 316.193
 2667  or s. 322.26(2) for driving under the influence.
 2668         (b) The policies described in paragraph (a) must shall be
 2669  issued for at least 6 months and, as to the minimum coverages
 2670  required under this section, may not be canceled by the insured
 2671  for any reason or by the insurer after 60 days, during which
 2672  period the insurer is completing the underwriting of the policy.
 2673  After the insurer has completed underwriting the policy, the
 2674  insurer shall notify the Department of Highway Safety and Motor
 2675  Vehicles that the policy is in full force and effect and is not
 2676  cancelable for the remainder of the policy period. A premium
 2677  must shall be collected and the coverage is in effect for the
 2678  60-day period during which the insurer is completing the
 2679  underwriting of the policy, whether or not the person’s driver
 2680  license, motor vehicle tag, and motor vehicle registration are
 2681  in effect. Once the noncancelable provisions of the policy
 2682  become effective, the bodily injury liability and property
 2683  damage liability coverages for bodily injury, property damage,
 2684  and personal injury protection may not be reduced below the
 2685  minimum limits required under s. 324.021 or s. 324.023 during
 2686  the policy period.
 2687         (c) This subsection controls to the extent of any conflict
 2688  with any other section.
 2689         (d) An insurer issuing a policy subject to this section may
 2690  cancel the policy if, during the policy term, the named insured,
 2691  or any other operator who resides in the same household or
 2692  customarily operates an automobile insured under the policy, has
 2693  his or her driver license suspended or revoked.
 2694         (e) This subsection does not require an insurer to offer a
 2695  policy of insurance to an applicant if such offer would be
 2696  inconsistent with the insurer’s underwriting guidelines and
 2697  procedures.
 2698         Section 47. Effective upon this act becoming a law, section
 2699  627.7278, Florida Statutes, is created to read:
 2700         627.7278 Applicability and construction; notice to
 2701  policyholders.—
 2702         (1) As used in this section, the term “minimum security
 2703  requirements” means security that enables a person to respond in
 2704  damages for liability on account of crashes arising out of the
 2705  ownership, maintenance, or use of a motor vehicle, in the
 2706  amounts required by s. 324.022(1), as amended by this act.
 2707         (2) Effective January 1, 2022:
 2708         (a) Motor vehicle insurance policies issued or renewed on
 2709  or after that date may not include personal injury protection.
 2710         (b) All persons subject to s. 324.022, s. 324.032, s.
 2711  627.7415, or s. 627.742 must maintain at least minimum security
 2712  requirements.
 2713         (c) Any new or renewal motor vehicle insurance policy
 2714  delivered or issued for delivery in this state must provide
 2715  coverage that complies with minimum security requirements.
 2716         (d) An existing motor vehicle insurance policy issued
 2717  before that date which provides personal injury protection and
 2718  property damage liability coverage that meets the requirements
 2719  of s. 324.022 on December 31, 2021, but which does not meet
 2720  minimum security requirements on or after January 1, 2022, is
 2721  deemed to meet minimum security requirements until such policy
 2722  is renewed, nonrenewed, or canceled on or after January 1, 2022.
 2723  Sections 627.730-627.7405, 400.9905, 400.991, 456.057, 456.072,
 2724  627.7263, 627.727, 627.748, 626.9541(1)(i), and 817.234, Florida
 2725  Statutes 2020, remain in full force and effect for motor vehicle
 2726  accidents covered under a policy issued under the Florida Motor
 2727  Vehicle No-Fault Law before January 1, 2022, until the policy is
 2728  renewed, nonrenewed, or canceled on or after January 1, 2022.
 2729         (3) Each insurer shall allow each insured who has a new or
 2730  renewal policy providing personal injury protection which
 2731  becomes effective before January 1, 2022, and whose policy does
 2732  not meet minimum security requirements on or after January 1,
 2733  2022, to change coverages so as to eliminate personal injury
 2734  protection and obtain coverage providing minimum security
 2735  requirements, which shall be effective on or after January 1,
 2736  2022. The insurer is not required to provide coverage complying
 2737  with minimum security requirements in such policies if the
 2738  insured does not pay the required premium, if any, by January 1,
 2739  2022, or such later date as the insurer may allow. The insurer
 2740  also shall offer each insured medical payments coverage pursuant
 2741  to s. 627.7265. Any reduction in the premium must be refunded by
 2742  the insurer. The insurer may not impose on the insured an
 2743  additional fee or charge that applies solely to a change in
 2744  coverage; however, the insurer may charge an additional required
 2745  premium that is actuarially indicated.
 2746         (4) By September 1, 2021, each motor vehicle insurer shall
 2747  provide notice of this section to each motor vehicle
 2748  policyholder who is subject to this section. The notice is
 2749  subject to approval by the office and must clearly inform the
 2750  policyholder that:
 2751         (a) The Florida Motor Vehicle No-Fault Law is repealed
 2752  effective January 1, 2022, and that on or after that date, the
 2753  insured is no longer required to maintain personal injury
 2754  protection insurance coverage, that personal injury protection
 2755  coverage is no longer available for purchase in this state, and
 2756  that all new or renewal policies issued on or after that date
 2757  will not contain that coverage.
 2758         (b) Effective January 1, 2022, a person subject to the
 2759  financial responsibility requirements of s. 324.022 must
 2760  maintain minimum security requirements that enable the person to
 2761  respond to damages for liability on account of accidents arising
 2762  out of the use of a motor vehicle in the following amounts:
 2763         1. Twenty-five thousand dollars for bodily injury to, or
 2764  the death of, one person in any one crash and, subject to such
 2765  limits for one person, in the amount of $50,000 for bodily
 2766  injury to, or the death of, two or more persons in any one
 2767  crash; and
 2768         2. Ten thousand dollars for damage to, or destruction of,
 2769  the property of others in any one crash.
 2770         (c) Bodily injury liability coverage protects the insured,
 2771  up to the coverage limits, against loss if the insured is
 2772  legally responsible for the death of or bodily injury to others
 2773  in a motor vehicle accident.
 2774         (d) Effective January 1, 2022, each policyholder of motor
 2775  vehicle liability insurance purchased as proof of financial
 2776  responsibility must include medical payments coverage benefits
 2777  that comply with s. 627.7265. The insurer must include medical
 2778  payments coverage at a limit of $5,000 and offer medical
 2779  payments coverage at a limit of $10,000 without a deductible.
 2780  The insurer may also offer medical payments coverage at other
 2781  limits greater than $5,000 and may offer coverage with a
 2782  deductible of up to $500. Medical payments coverage pays covered
 2783  medical expenses incurred due to bodily injury, sickness, or
 2784  disease arising out of the ownership, maintenance, or use of the
 2785  motor vehicle, up to the limits of such coverage, for injuries
 2786  sustained in a motor vehicle crash by the named insured,
 2787  resident relatives, any person operating the insured motor
 2788  vehicle, passengers in the insured motor vehicle, and persons
 2789  who are struck by the insured motor vehicle and suffer bodily
 2790  injury while not an occupant of a self-propelled motor vehicle
 2791  as provided in s. 627.7265. Medical payments coverage also
 2792  provides a death benefit of at least $5,000.
 2793         (e) The policyholder may obtain uninsured and underinsured
 2794  motorist coverage that provides benefits, up to the limits of
 2795  such coverage, to a policyholder or other insured entitled to
 2796  recover damages for bodily injury, sickness, disease, or death
 2797  resulting from a motor vehicle accident with an uninsured or
 2798  underinsured owner or operator of a motor vehicle.
 2799         (f) If the policyholder’s new or renewal motor vehicle
 2800  insurance policy is effective before January 1, 2022, and
 2801  contains personal injury protection and property damage
 2802  liability coverage as required by state law before January 1,
 2803  2022, but does not meet minimum security requirements on or
 2804  after January 1, 2022, the policy is deemed to meet minimum
 2805  security requirements until it is renewed, nonrenewed, or
 2806  canceled on or after January 1, 2022.
 2807         (g) A policyholder whose new or renewal policy becomes
 2808  effective before January 1, 2022, but does not meet minimum
 2809  security requirements on or after January 1, 2022, may change
 2810  coverages under the policy so as to eliminate personal injury
 2811  protection and to obtain coverage providing minimum security
 2812  requirements, including bodily injury liability coverage, which
 2813  are effective on or after January 1, 2022.
 2814         (h) If the policyholder has any questions, he or she should
 2815  contact the person named at the telephone number provided in the
 2816  notice.
 2817         Section 48. Paragraph (a) of subsection (1) of section
 2818  627.728, Florida Statutes, is amended to read:
 2819         627.728 Cancellations; nonrenewals.—
 2820         (1) As used in this section, the term:
 2821         (a) “Policy” means the bodily injury and property damage
 2822  liability, personal injury protection, medical payments,
 2823  comprehensive, collision, and uninsured motorist coverage
 2824  portions of a policy of motor vehicle insurance delivered or
 2825  issued for delivery in this state:
 2826         1. Insuring a natural person as named insured or one or
 2827  more related individuals who are residents resident of the same
 2828  household; and
 2829         2. Insuring only a motor vehicle of the private passenger
 2830  type or station wagon type which is not used as a public or
 2831  livery conveyance for passengers or rented to others; or
 2832  insuring any other four-wheel motor vehicle having a load
 2833  capacity of 1,500 pounds or less which is not used in the
 2834  occupation, profession, or business of the insured other than
 2835  farming; other than any policy issued under an automobile
 2836  insurance assigned risk plan or covering garage, automobile
 2837  sales agency, repair shop, service station, or public parking
 2838  place operation hazards.
 2839  
 2840  The term “policy” does not include a binder as defined in s.
 2841  627.420 unless the duration of the binder period exceeds 60
 2842  days.
 2843         Section 49. Subsection (1), paragraph (a) of subsection
 2844  (5), and subsections (6) and (7) of section 627.7295, Florida
 2845  Statutes, are amended to read:
 2846         627.7295 Motor vehicle insurance contracts.—
 2847         (1) As used in this section, the term:
 2848         (a) “Policy” means a motor vehicle insurance policy that
 2849  provides bodily injury liability personal injury protection
 2850  coverage and, property damage liability coverage, or both.
 2851         (b) “Binder” means a binder that provides motor vehicle
 2852  bodily injury liability coverage personal injury protection and
 2853  property damage liability coverage.
 2854         (5)(a) A licensed general lines agent may charge a per
 2855  policy fee of up to not to exceed $10 to cover the
 2856  administrative costs of the agent associated with selling the
 2857  motor vehicle insurance policy if the policy covers only bodily
 2858  injury liability coverage personal injury protection coverage as
 2859  provided by s. 627.736 and property damage liability coverage as
 2860  provided by s. 627.7275 and if no other insurance is sold or
 2861  issued in conjunction with or collateral to the policy. The fee
 2862  is not considered part of the premium.
 2863         (6) If a motor vehicle owner’s driver license, license
 2864  plate, and registration have previously been suspended pursuant
 2865  to s. 316.646 or s. 627.733, an insurer may cancel a new policy
 2866  only as provided in s. 627.7275.
 2867         (7) A policy of private passenger motor vehicle insurance
 2868  or a binder for such a policy may be initially issued in this
 2869  state only if, before the effective date of such binder or
 2870  policy, the insurer or agent has collected from the insured an
 2871  amount equal to at least 1 month’s premium. An insurer, agent,
 2872  or premium finance company may not, directly or indirectly, take
 2873  any action that results resulting in the insured paying having
 2874  paid from the insured’s own funds an amount less than the 1
 2875  month’s premium required by this subsection. This subsection
 2876  applies without regard to whether the premium is financed by a
 2877  premium finance company or is paid pursuant to a periodic
 2878  payment plan of an insurer or an insurance agent.
 2879         (a) This subsection does not apply:
 2880         1. If an insured or member of the insured’s family is
 2881  renewing or replacing a policy or a binder for such policy
 2882  written by the same insurer or a member of the same insurer
 2883  group. This subsection does not apply
 2884         2. To an insurer that issues private passenger motor
 2885  vehicle coverage primarily to active duty or former military
 2886  personnel or their dependents. This subsection does not apply
 2887         3. If all policy payments are paid pursuant to a payroll
 2888  deduction plan, an automatic electronic funds transfer payment
 2889  plan from the policyholder, or a recurring credit card or debit
 2890  card agreement with the insurer.
 2891         (b) This subsection and subsection (4) do not apply if:
 2892         1. All policy payments to an insurer are paid pursuant to
 2893  an automatic electronic funds transfer payment plan from an
 2894  agent, a managing general agent, or a premium finance company
 2895  and if the policy includes, at a minimum, bodily injury
 2896  liability coverage and personal injury protection pursuant to
 2897  ss. 627.730-627.7405; motor vehicle property damage liability
 2898  coverage pursuant to s. 627.7275; or and bodily injury liability
 2899  in at least the amount of $10,000 because of bodily injury to,
 2900  or death of, one person in any one accident and in the amount of
 2901  $20,000 because of bodily injury to, or death of, two or more
 2902  persons in any one accident. This subsection and subsection (4)
 2903  do not apply if
 2904         2. An insured has had a policy in effect for at least 6
 2905  months, the insured’s agent is terminated by the insurer that
 2906  issued the policy, and the insured obtains coverage on the
 2907  policy’s renewal date with a new company through the terminated
 2908  agent.
 2909         Section 50. Section 627.7415, Florida Statutes, is amended
 2910  to read:
 2911         627.7415 Commercial motor vehicles; additional liability
 2912  insurance coverage.—Beginning January 1, 2022, commercial motor
 2913  vehicles, as defined in s. 207.002 or s. 320.01, operated upon
 2914  the roads and highways of this state must shall be insured with
 2915  the following minimum levels of combined bodily liability
 2916  insurance and property damage liability insurance in addition to
 2917  any other insurance requirements:
 2918         (1) Sixty Fifty thousand dollars per occurrence for a
 2919  commercial motor vehicle with a gross vehicle weight of 26,000
 2920  pounds or more, but less than 35,000 pounds.
 2921         (2) One hundred twenty thousand dollars per occurrence for
 2922  a commercial motor vehicle with a gross vehicle weight of 35,000
 2923  pounds or more, but less than 44,000 pounds.
 2924         (3) Three hundred thousand dollars per occurrence for a
 2925  commercial motor vehicle with a gross vehicle weight of 44,000
 2926  pounds or more.
 2927         (4) All commercial motor vehicles subject to regulations of
 2928  the United States Department of Transportation, 49 C.F.R. part
 2929  387, subpart A, and as may be hereinafter amended, shall be
 2930  insured in an amount equivalent to the minimum levels of
 2931  financial responsibility as set forth in such regulations.
 2932  
 2933  A violation of this section is a noncriminal traffic infraction,
 2934  punishable as a nonmoving violation as provided in chapter 318.
 2935         Section 51. Section 627.747, Florida Statutes, is created
 2936  to read:
 2937         627.747 Named driver exclusion.—
 2938         (1) A private passenger motor vehicle policy may exclude an
 2939  identified individual from the following coverages while the
 2940  identified individual is operating a motor vehicle, provided
 2941  that the identified individual is specifically excluded by name
 2942  on the declarations page or by endorsement and the policyholder
 2943  consents in writing to the exclusion:
 2944         (a) Property damage liability coverage.
 2945         (b) Bodily injury liability coverage.
 2946         (c) Uninsured motorist coverage for any damages sustained
 2947  by the identified excluded individual, if the policyholder has
 2948  purchased such coverage.
 2949         (d)Medical payments coverage, if the policyholder has
 2950  purchased such coverage.
 2951         (e) Any coverage the policyholder is not required by law to
 2952  purchase.
 2953         (2) A private passenger motor vehicle policy may not
 2954  exclude coverage when:
 2955         (a) The identified excluded individual is injured while not
 2956  operating a motor vehicle;
 2957         (b)The exclusion is unfairly discriminatory under the
 2958  Florida Insurance Code, as determined by the office; or
 2959         (c)The exclusion is inconsistent with the underwriting
 2960  rules filed by the insurer pursuant to s. 627.0651(13)(a).
 2961         Section 52. Paragraphs (b), (c), and (g) of subsection (7),
 2962  paragraphs (a) and (b) of subsection (8), and paragraph (b) of
 2963  subsection (16) of section 627.748, Florida Statutes, are
 2964  amended to read:
 2965         627.748 Transportation network companies.—
 2966         (7) TRANSPORTATION NETWORK COMPANY AND TNC DRIVER INSURANCE
 2967  REQUIREMENTS.—
 2968         (b) The following automobile insurance requirements apply
 2969  while a participating TNC driver is logged on to the digital
 2970  network but is not engaged in a prearranged ride:
 2971         1. Automobile insurance that provides:
 2972         a. A primary automobile liability coverage of at least
 2973  $50,000 for death and bodily injury per person, $100,000 for
 2974  death and bodily injury per incident, and $25,000 for property
 2975  damage; and
 2976         b. Personal injury protection benefits that meet the
 2977  minimum coverage amounts required under ss. 627.730-627.7405;
 2978  and
 2979         c. Uninsured and underinsured vehicle coverage as required
 2980  by s. 627.727.
 2981         2. The coverage requirements of this paragraph may be
 2982  satisfied by any of the following:
 2983         a. Automobile insurance maintained by the TNC driver or the
 2984  TNC vehicle owner;
 2985         b. Automobile insurance maintained by the TNC; or
 2986         c. A combination of sub-subparagraphs a. and b.
 2987         (c) The following automobile insurance requirements apply
 2988  while a TNC driver is engaged in a prearranged ride:
 2989         1. Automobile insurance that provides:
 2990         a. A primary automobile liability coverage of at least $1
 2991  million for death, bodily injury, and property damage; and
 2992         b. Personal injury protection benefits that meet the
 2993  minimum coverage amounts required of a limousine under ss.
 2994  627.730-627.7405; and
 2995         c. Uninsured and underinsured vehicle coverage as required
 2996  by s. 627.727.
 2997         2. The coverage requirements of this paragraph may be
 2998  satisfied by any of the following:
 2999         a. Automobile insurance maintained by the TNC driver or the
 3000  TNC vehicle owner;
 3001         b. Automobile insurance maintained by the TNC; or
 3002         c. A combination of sub-subparagraphs a. and b.
 3003         (g) Insurance satisfying the requirements under this
 3004  subsection is deemed to satisfy the financial responsibility
 3005  requirement for a motor vehicle under chapter 324 and the
 3006  security required under s. 627.733 for any period when the TNC
 3007  driver is logged onto the digital network or engaged in a
 3008  prearranged ride.
 3009         (8) TRANSPORTATION NETWORK COMPANY AND INSURER; DISCLOSURE;
 3010  EXCLUSIONS.—
 3011         (a) Before a TNC driver is allowed to accept a request for
 3012  a prearranged ride on the digital network, the TNC must disclose
 3013  in writing to the TNC driver:
 3014         1. The insurance coverage, including the types of coverage
 3015  and the limits for each coverage, which the TNC provides while
 3016  the TNC driver uses a TNC vehicle in connection with the TNC’s
 3017  digital network.
 3018         2. That the TNC driver’s own automobile insurance policy
 3019  might not provide any coverage while the TNC driver is logged on
 3020  to the digital network or is engaged in a prearranged ride,
 3021  depending on the terms of the TNC driver’s own automobile
 3022  insurance policy.
 3023         3. That the provision of rides for compensation which are
 3024  not prearranged rides subjects the driver to the coverage
 3025  requirements imposed under s. 324.032(1) and (2) and that
 3026  failure to meet such coverage requirements subjects the TNC
 3027  driver to penalties provided in s. 324.221, up to and including
 3028  a misdemeanor of the second degree.
 3029         (b)1. An insurer that provides an automobile liability
 3030  insurance policy under this part may exclude any and all
 3031  coverage afforded under the policy issued to an owner or
 3032  operator of a TNC vehicle while driving that vehicle for any
 3033  loss or injury that occurs while a TNC driver is logged on to a
 3034  digital network or while a TNC driver provides a prearranged
 3035  ride. Exclusions imposed under this subsection are limited to
 3036  coverage while a TNC driver is logged on to a digital network or
 3037  while a TNC driver provides a prearranged ride. This right to
 3038  exclude all coverage may apply to any coverage included in an
 3039  automobile insurance policy, including, but not limited to:
 3040         a. Liability coverage for bodily injury and property
 3041  damage;
 3042         b. Uninsured and underinsured motorist coverage;
 3043         c. Medical payments coverage;
 3044         d. Comprehensive physical damage coverage; and
 3045         e. Collision physical damage coverage; and
 3046         f.Personal injury protection.
 3047         2. The exclusions described in subparagraph 1. apply
 3048  notwithstanding any requirement under chapter 324. These
 3049  exclusions do not affect or diminish coverage otherwise
 3050  available for permissive drivers or resident relatives under the
 3051  personal automobile insurance policy of the TNC driver or owner
 3052  of the TNC vehicle who are not occupying the TNC vehicle at the
 3053  time of loss. This section does not require that a personal
 3054  automobile insurance policy provide coverage while the TNC
 3055  driver is logged on to a digital network, while the TNC driver
 3056  is engaged in a prearranged ride, or while the TNC driver
 3057  otherwise uses a vehicle to transport riders for compensation.
 3058         3. This section must not be construed to require an insurer
 3059  to use any particular policy language or reference to this
 3060  section in order to exclude any and all coverage for any loss or
 3061  injury that occurs while a TNC driver is logged on to a digital
 3062  network or while a TNC driver provides a prearranged ride.
 3063         4. This section does not preclude an insurer from providing
 3064  primary or excess coverage for the TNC driver’s vehicle by
 3065  contract or endorsement.
 3066         (16) LUXURY GROUND TRANSPORTATION NETWORK COMPANIES.—
 3067         (b) An entity may elect, upon written notification to the
 3068  department, to be regulated as a luxury ground TNC. A luxury
 3069  ground TNC must:
 3070         1. Comply with all of the requirements of this section
 3071  applicable to a TNC, including subsection (17), which do not
 3072  conflict with subparagraph 2. or which do not prohibit the
 3073  company from connecting riders to drivers who operate for-hire
 3074  vehicles as defined in s. 320.01(15), including limousines and
 3075  luxury sedans and excluding taxicabs.
 3076         2. Maintain insurance coverage as required by subsection
 3077  (7). However, if a prospective luxury ground TNC satisfies
 3078  minimum financial responsibility through compliance with s.
 3079  324.032(3) s. 324.032(2) by using self-insurance when it gives
 3080  the department written notification of its election to be
 3081  regulated as a luxury ground TNC, the luxury ground TNC may use
 3082  self-insurance to meet the insurance requirements of subsection
 3083  (7), so long as such self-insurance complies with s. 324.032(3)
 3084  s. 324.032(2) and provides the limits of liability required by
 3085  subsection (7).
 3086         Section 53. Paragraph (a) of subsection (2) of section
 3087  627.749, Florida Statutes, is amended to read:
 3088         627.749 Autonomous vehicles; insurance requirements.—
 3089         (2) INSURANCE REQUIREMENTS.—
 3090         (a) A fully autonomous vehicle with the automated driving
 3091  system engaged while logged on to an on-demand autonomous
 3092  vehicle network or engaged in a prearranged ride must be covered
 3093  by a policy of automobile insurance which provides:
 3094         1. Primary liability coverage of at least $1 million for
 3095  death, bodily injury, and property damage.
 3096         2. Personal injury protection benefits that meet the
 3097  minimum coverage amounts required under ss. 627.730-627.7405.
 3098         3. Uninsured and underinsured vehicle coverage as required
 3099  by s. 627.727.
 3100         Section 54. Section 627.8405, Florida Statutes, is amended
 3101  to read:
 3102         627.8405 Prohibited acts; financing companies.—A No premium
 3103  finance company shall, in a premium finance agreement or other
 3104  agreement, may not finance the cost of or otherwise provide for
 3105  the collection or remittance of dues, assessments, fees, or
 3106  other periodic payments of money for the cost of:
 3107         (1) A membership in an automobile club. The term
 3108  “automobile club” means a legal entity that which, in
 3109  consideration of dues, assessments, or periodic payments of
 3110  money, promises its members or subscribers to assist them in
 3111  matters relating to the ownership, operation, use, or
 3112  maintenance of a motor vehicle; however, the term this
 3113  definition of “automobile club” does not include persons,
 3114  associations, or corporations which are organized and operated
 3115  solely for the purpose of conducting, sponsoring, or sanctioning
 3116  motor vehicle races, exhibitions, or contests upon racetracks,
 3117  or upon racecourses established and marked as such for the
 3118  duration of such particular events. As used in this subsection,
 3119  the term words “motor vehicle” has used herein have the same
 3120  meaning as defined in chapter 320.
 3121         (2) An accidental death and dismemberment policy sold in
 3122  combination with a policy providing only bodily injury liability
 3123  coverage personal injury protection and property damage
 3124  liability coverage only policy.
 3125         (3) Any product not regulated under the provisions of this
 3126  insurance code.
 3127  
 3128  This section also applies to premium financing by any insurance
 3129  agent or insurance company under part XVI. The commission shall
 3130  adopt rules to assure disclosure, at the time of sale, of
 3131  coverages financed with personal injury protection and shall
 3132  prescribe the form of such disclosure.
 3133         Section 55. Subsection (1) of section 627.915, Florida
 3134  Statutes, is amended to read:
 3135         627.915 Insurer experience reporting.—
 3136         (1) Each insurer transacting private passenger automobile
 3137  insurance in this state shall report certain information
 3138  annually to the office. The information will be due on or before
 3139  July 1 of each year. The information must shall be divided into
 3140  the following categories: bodily injury liability; property
 3141  damage liability; uninsured motorist; personal injury protection
 3142  benefits; medical payments; and comprehensive and collision. The
 3143  information given must shall be on direct insurance writings in
 3144  the state alone and shall represent total limits data. The
 3145  information set forth in paragraphs (a)-(f) is applicable to
 3146  voluntary private passenger and Joint Underwriting Association
 3147  private passenger writings and must shall be reported for each
 3148  of the latest 3 calendar-accident years, with an evaluation date
 3149  of March 31 of the current year. The information set forth in
 3150  paragraphs (g)-(j) is applicable to voluntary private passenger
 3151  writings and must shall be reported on a calendar-accident year
 3152  basis ultimately seven times at seven different stages of
 3153  development.
 3154         (a) Premiums earned for the latest 3 calendar-accident
 3155  years.
 3156         (b) Loss development factors and the historic development
 3157  of those factors.
 3158         (c) Policyholder dividends incurred.
 3159         (d) Expenses for other acquisition and general expense.
 3160         (e) Expenses for agents’ commissions and taxes, licenses,
 3161  and fees.
 3162         (f) Profit and contingency factors as utilized in the
 3163  insurer’s automobile rate filings for the applicable years.
 3164         (g) Losses paid.
 3165         (h) Losses unpaid.
 3166         (i) Loss adjustment expenses paid.
 3167         (j) Loss adjustment expenses unpaid.
 3168         Section 56. Subsections (2) and (3) of section 628.909,
 3169  Florida Statutes, are amended to read:
 3170         628.909 Applicability of other laws.—
 3171         (2) The following provisions of the Florida Insurance Code
 3172  apply to captive insurance companies that who are not industrial
 3173  insured captive insurance companies to the extent that such
 3174  provisions are not inconsistent with this part:
 3175         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3176  624.40851, 624.4095, 624.411, 624.425, and 624.426.
 3177         (b) Chapter 625, part II.
 3178         (c) Chapter 626, part IX.
 3179         (d) Sections 627.730-627.7405, when no-fault coverage is
 3180  provided.
 3181         (e) Chapter 628.
 3182         (3) The following provisions of the Florida Insurance Code
 3183  shall apply to industrial insured captive insurance companies to
 3184  the extent that such provisions are not inconsistent with this
 3185  part:
 3186         (a) Chapter 624, except for ss. 624.407, 624.408, 624.4085,
 3187  624.40851, 624.4095, 624.411, 624.425, 624.426, and 624.609(1).
 3188         (b) Chapter 625, part II, if the industrial insured captive
 3189  insurance company is incorporated in this state.
 3190         (c) Chapter 626, part IX.
 3191         (d) Sections 627.730-627.7405 when no-fault coverage is
 3192  provided.
 3193         (e) Chapter 628, except for ss. 628.341, 628.351, and
 3194  628.6018.
 3195         Section 57. Subsections (2), (6), and (7) of section
 3196  705.184, Florida Statutes, are amended to read:
 3197         705.184 Derelict or abandoned motor vehicles on the
 3198  premises of public-use airports.—
 3199         (2) The airport director or the director’s designee shall
 3200  contact the Department of Highway Safety and Motor Vehicles to
 3201  notify that department that the airport has possession of the
 3202  abandoned or derelict motor vehicle and to determine the name
 3203  and address of the owner of the motor vehicle, the insurance
 3204  company insuring the motor vehicle, notwithstanding the
 3205  provisions of s. 627.736, and any person who has filed a lien on
 3206  the motor vehicle. Within 7 business days after receipt of the
 3207  information, the director or the director’s designee shall send
 3208  notice by certified mail, return receipt requested, to the owner
 3209  of the motor vehicle, the insurance company insuring the motor
 3210  vehicle, notwithstanding the provisions of s. 627.736, and all
 3211  persons of record claiming a lien against the motor vehicle. The
 3212  notice must shall state the fact of possession of the motor
 3213  vehicle, that charges for reasonable towing, storage, and
 3214  parking fees, if any, have accrued and the amount thereof, that
 3215  a lien as provided in subsection (6) will be claimed, that the
 3216  lien is subject to enforcement pursuant to law, that the owner
 3217  or lienholder, if any, has the right to a hearing as set forth
 3218  in subsection (4), and that any motor vehicle which, at the end
 3219  of 30 calendar days after receipt of the notice, has not been
 3220  removed from the airport upon payment in full of all accrued
 3221  charges for reasonable towing, storage, and parking fees, if
 3222  any, may be disposed of as provided in s. 705.182(2)(a), (b),
 3223  (d), or (e), including, but not limited to, the motor vehicle
 3224  being sold free of all prior liens after 35 calendar days after
 3225  the time the motor vehicle is stored if any prior liens on the
 3226  motor vehicle are more than 5 years of age or after 50 calendar
 3227  days after the time the motor vehicle is stored if any prior
 3228  liens on the motor vehicle are 5 years of age or less.
 3229         (6) The airport pursuant to this section or, if used, a
 3230  licensed independent wrecker company pursuant to s. 713.78 shall
 3231  have a lien on an abandoned or derelict motor vehicle for all
 3232  reasonable towing, storage, and accrued parking fees, if any,
 3233  except that no storage fee may shall be charged if the motor
 3234  vehicle is stored less than 6 hours. As a prerequisite to
 3235  perfecting a lien under this section, the airport director or
 3236  the director’s designee must serve a notice in accordance with
 3237  subsection (2) on the owner of the motor vehicle, the insurance
 3238  company insuring the motor vehicle, notwithstanding the
 3239  provisions of s. 627.736, and all persons of record claiming a
 3240  lien against the motor vehicle. If attempts to notify the owner,
 3241  the insurance company insuring the motor vehicle,
 3242  notwithstanding the provisions of s. 627.736, or lienholders are
 3243  not successful, the requirement of notice by mail shall be
 3244  considered met. Serving of the notice does not dispense with
 3245  recording the claim of lien.
 3246         (7)(a) For the purpose of perfecting its lien under this
 3247  section, the airport shall record a claim of lien which states
 3248  shall state:
 3249         1. The name and address of the airport.
 3250         2. The name of the owner of the motor vehicle, the
 3251  insurance company insuring the motor vehicle, notwithstanding
 3252  the provisions of s. 627.736, and all persons of record claiming
 3253  a lien against the motor vehicle.
 3254         3. The costs incurred from reasonable towing, storage, and
 3255  parking fees, if any.
 3256         4. A description of the motor vehicle sufficient for
 3257  identification.
 3258         (b) The claim of lien must shall be signed and sworn to or
 3259  affirmed by the airport director or the director’s designee.
 3260         (c) The claim of lien is shall be sufficient if it is in
 3261  substantially the following form:
 3262  
 3263                            CLAIM OF LIEN                          
 3264  State of ........
 3265  County of ........
 3266  Before me, the undersigned notary public, personally appeared
 3267  ........, who was duly sworn and says that he/she is the
 3268  ........ of ............, whose address is........; and that the
 3269  following described motor vehicle:
 3270  ...(Description of motor vehicle)...
 3271  owned by ........, whose address is ........, has accrued
 3272  $........ in fees for a reasonable tow, for storage, and for
 3273  parking, if applicable; that the lienor served its notice to the
 3274  owner, the insurance company insuring the motor vehicle
 3275  notwithstanding the provisions of s. 627.736, Florida Statutes,
 3276  and all persons of record claiming a lien against the motor
 3277  vehicle on ...., ...(year)..., by.........
 3278  ...(Signature)...
 3279  Sworn to (or affirmed) and subscribed before me this .... day of
 3280  ...., ...(year)..., by ...(name of person making statement)....
 3281  ...(Signature of Notary Public)......(Print, Type, or Stamp
 3282  Commissioned name of Notary Public)...
 3283  Personally Known....OR Produced....as identification.
 3284  
 3285  However, the negligent inclusion or omission of any information
 3286  in this claim of lien which does not prejudice the owner does
 3287  not constitute a default that operates to defeat an otherwise
 3288  valid lien.
 3289         (d) The claim of lien must shall be served on the owner of
 3290  the motor vehicle, the insurance company insuring the motor
 3291  vehicle, notwithstanding the provisions of s. 627.736, and all
 3292  persons of record claiming a lien against the motor vehicle. If
 3293  attempts to notify the owner, the insurance company insuring the
 3294  motor vehicle notwithstanding the provisions of s. 627.736, or
 3295  lienholders are not successful, the requirement of notice by
 3296  mail shall be considered met. The claim of lien must shall be so
 3297  served before recordation.
 3298         (e) The claim of lien must shall be recorded with the clerk
 3299  of court in the county where the airport is located. The
 3300  recording of the claim of lien shall be constructive notice to
 3301  all persons of the contents and effect of such claim. The lien
 3302  attaches shall attach at the time of recordation and takes shall
 3303  take priority as of that time.
 3304         Section 58. Subsection (4) of section 713.78, Florida
 3305  Statutes, is amended to read:
 3306         713.78 Liens for recovering, towing, or storing vehicles
 3307  and vessels.—
 3308         (4)(a) A person regularly engaged in the business of
 3309  recovering, towing, or storing vehicles or vessels who comes
 3310  into possession of a vehicle or vessel pursuant to subsection
 3311  (2), and who claims a lien for recovery, towing, or storage
 3312  services, shall give notice, by certified mail, to the
 3313  registered owner, the insurance company insuring the vehicle
 3314  notwithstanding s. 627.736, and all persons claiming a lien
 3315  thereon, as disclosed by the records in the Department of
 3316  Highway Safety and Motor Vehicles or as disclosed by the records
 3317  of any corresponding agency in any other state in which the
 3318  vehicle is identified through a records check of the National
 3319  Motor Vehicle Title Information System or an equivalent
 3320  commercially available system as being titled or registered.
 3321         (b) Whenever a law enforcement agency authorizes the
 3322  removal of a vehicle or vessel or whenever a towing service,
 3323  garage, repair shop, or automotive service, storage, or parking
 3324  place notifies the law enforcement agency of possession of a
 3325  vehicle or vessel pursuant to s. 715.07(2)(a)2., the law
 3326  enforcement agency of the jurisdiction where the vehicle or
 3327  vessel is stored shall contact the Department of Highway Safety
 3328  and Motor Vehicles, or the appropriate agency of the state of
 3329  registration, if known, within 24 hours through the medium of
 3330  electronic communications, giving the full description of the
 3331  vehicle or vessel. Upon receipt of the full description of the
 3332  vehicle or vessel, the department shall search its files to
 3333  determine the owner’s name, the insurance company insuring the
 3334  vehicle or vessel, and whether any person has filed a lien upon
 3335  the vehicle or vessel as provided in s. 319.27(2) and (3) and
 3336  notify the applicable law enforcement agency within 72 hours.
 3337  The person in charge of the towing service, garage, repair shop,
 3338  or automotive service, storage, or parking place shall obtain
 3339  such information from the applicable law enforcement agency
 3340  within 5 days after the date of storage and shall give notice
 3341  pursuant to paragraph (a). The department may release the
 3342  insurance company information to the requestor notwithstanding
 3343  s. 627.736.
 3344         (c) The notice of lien must be sent by certified mail to
 3345  the registered owner, the insurance company insuring the vehicle
 3346  notwithstanding s. 627.736, and all other persons claiming a
 3347  lien thereon within 7 business days, excluding Saturday and
 3348  Sunday, after the date of storage of the vehicle or vessel.
 3349  However, in no event shall the notice of lien be sent less than
 3350  30 days before the sale of the vehicle or vessel. The notice
 3351  must state:
 3352         1. If the claim of lien is for a vehicle, the last 8 digits
 3353  of the vehicle identification number of the vehicle subject to
 3354  the lien, or, if the claim of lien is for a vessel, the hull
 3355  identification number of the vessel subject to the lien, clearly
 3356  printed in the delivery address box and on the outside of the
 3357  envelope sent to the registered owner and all other persons
 3358  claiming an interest therein or lien thereon.
 3359         2. The name, physical address, and telephone number of the
 3360  lienor, and the entity name, as registered with the Division of
 3361  Corporations, of the business where the towing and storage
 3362  occurred, which must also appear on the outside of the envelope
 3363  sent to the registered owner and all other persons claiming an
 3364  interest in or lien on the vehicle or vessel.
 3365         3. The fact of possession of the vehicle or vessel.
 3366         4. The name of the person or entity that authorized the
 3367  lienor to take possession of the vehicle or vessel.
 3368         5. That a lien as provided in subsection (2) is claimed.
 3369         6. That charges have accrued and include an itemized
 3370  statement of the amount thereof.
 3371         7. That the lien is subject to enforcement under law and
 3372  that the owner or lienholder, if any, has the right to a hearing
 3373  as set forth in subsection (5).
 3374         8. That any vehicle or vessel that remains unclaimed, or
 3375  for which the charges for recovery, towing, or storage services
 3376  remain unpaid, may be sold free of all prior liens 35 days after
 3377  the vehicle or vessel is stored by the lienor if the vehicle or
 3378  vessel is more than 3 years of age or 50 days after the vehicle
 3379  or vessel is stored by the lienor if the vehicle or vessel is 3
 3380  years of age or less.
 3381         9. The address at which the vehicle or vessel is physically
 3382  located.
 3383         (d) The notice of lien may not be sent to the registered
 3384  owner, the insurance company insuring the vehicle or vessel, and
 3385  all other persons claiming a lien thereon less than 30 days
 3386  before the sale of the vehicle or vessel.
 3387         (e) If attempts to locate the name and address of the owner
 3388  or lienholder prove unsuccessful, the towing-storage operator
 3389  shall, after 7 business days, excluding Saturday and Sunday,
 3390  after the initial tow or storage, notify the public agency of
 3391  jurisdiction where the vehicle or vessel is stored in writing by
 3392  certified mail or acknowledged hand delivery that the towing
 3393  storage company has been unable to locate the name and address
 3394  of the owner or lienholder and a physical search of the vehicle
 3395  or vessel has disclosed no ownership information and a good
 3396  faith effort has been made, including records checks of the
 3397  Department of Highway Safety and Motor Vehicles database and the
 3398  National Motor Vehicle Title Information System or an equivalent
 3399  commercially available system. For purposes of this paragraph
 3400  and subsection (9), the term “good faith effort” means that the
 3401  following checks have been performed by the company to establish
 3402  the prior state of registration and for title:
 3403         1. A check of the department’s database for the owner and
 3404  any lienholder.
 3405         2. A check of the electronic National Motor Vehicle Title
 3406  Information System or an equivalent commercially available
 3407  system to determine the state of registration when there is not
 3408  a current registration record for the vehicle or vessel on file
 3409  with the department.
 3410         3. A check of the vehicle or vessel for any type of tag,
 3411  tag record, temporary tag, or regular tag.
 3412         4. A check of the law enforcement report for a tag number
 3413  or other information identifying the vehicle or vessel, if the
 3414  vehicle or vessel was towed at the request of a law enforcement
 3415  officer.
 3416         5. A check of the trip sheet or tow ticket of the tow truck
 3417  operator to determine whether a tag was on the vehicle or vessel
 3418  at the beginning of the tow, if a private tow.
 3419         6. If there is no address of the owner on the impound
 3420  report, a check of the law enforcement report to determine
 3421  whether an out-of-state address is indicated from driver license
 3422  information.
 3423         7. A check of the vehicle or vessel for an inspection
 3424  sticker or other stickers and decals that may indicate a state
 3425  of possible registration.
 3426         8. A check of the interior of the vehicle or vessel for any
 3427  papers that may be in the glove box, trunk, or other areas for a
 3428  state of registration.
 3429         9. A check of the vehicle for a vehicle identification
 3430  number.
 3431         10. A check of the vessel for a vessel registration number.
 3432         11. A check of the vessel hull for a hull identification
 3433  number which should be carved, burned, stamped, embossed, or
 3434  otherwise permanently affixed to the outboard side of the
 3435  transom or, if there is no transom, to the outmost seaboard side
 3436  at the end of the hull that bears the rudder or other steering
 3437  mechanism.
 3438         Section 59. Section 768.852, Florida Statutes, is created
 3439  to read:
 3440         768.852 Setoff on damages as a result of a motor vehicle
 3441  crash while uninsured.—
 3442         (1) Except as provided in subsection (2), for any award of
 3443  noneconomic damages, a defendant is entitled to a setoff equal
 3444  to $10,000 if a person suffers injury while operating a motor
 3445  vehicle as defined in s. 324.022(2) which lacked the coverage
 3446  required by s. 324.022(1) and the person was not in compliance
 3447  with s. 324.022(1) for more than 30 days immediately preceding
 3448  the crash.
 3449         (2) The setoff on noneconomic damages in subsection (1)
 3450  does not apply if the person who is liable for the injury:
 3451         (a) Was driving while under the influence of an alcoholic
 3452  beverage, an inhalant, or a controlled substance;
 3453         (b) Acted intentionally, recklessly, or with gross
 3454  negligence;
 3455         (c) Fled from the scene of the crash; or
 3456         (d) Was acting in furtherance of an offense or in immediate
 3457  flight from an offense that constituted a felony at the time of
 3458  the crash.
 3459         (3)This section does not apply to any wrongful death
 3460  claim.
 3461         Section 60. Paragraph (a) of subsection (1), paragraph (c)
 3462  of subsection (7), paragraphs (a), (b), and (c) of subsection
 3463  (8), and subsections (9) and (10) of section 817.234, Florida
 3464  Statutes, are amended to read:
 3465         817.234 False and fraudulent insurance claims.—
 3466         (1)(a) A person commits insurance fraud punishable as
 3467  provided in subsection (11) if that person, with the intent to
 3468  injure, defraud, or deceive any insurer:
 3469         1. Presents or causes to be presented any written or oral
 3470  statement as part of, or in support of, a claim for payment or
 3471  other benefit pursuant to an insurance policy or a health
 3472  maintenance organization subscriber or provider contract,
 3473  knowing that such statement contains any false, incomplete, or
 3474  misleading information concerning any fact or thing material to
 3475  such claim;
 3476         2. Prepares or makes any written or oral statement that is
 3477  intended to be presented to an any insurer in connection with,
 3478  or in support of, any claim for payment or other benefit
 3479  pursuant to an insurance policy or a health maintenance
 3480  organization subscriber or provider contract, knowing that such
 3481  statement contains any false, incomplete, or misleading
 3482  information concerning any fact or thing material to such claim;
 3483         3.a. Knowingly presents, causes to be presented, or
 3484  prepares or makes with knowledge or belief that it will be
 3485  presented to an any insurer, purported insurer, servicing
 3486  corporation, insurance broker, or insurance agent, or any
 3487  employee or agent thereof, any false, incomplete, or misleading
 3488  information or a written or oral statement as part of, or in
 3489  support of, an application for the issuance of, or the rating
 3490  of, any insurance policy, or a health maintenance organization
 3491  subscriber or provider contract; or
 3492         b. Knowingly conceals information concerning any fact
 3493  material to such application; or
 3494         4. Knowingly presents, causes to be presented, or prepares
 3495  or makes with knowledge or belief that it will be presented to
 3496  any insurer a claim for payment or other benefit under medical
 3497  payments coverage in a motor vehicle a personal injury
 3498  protection insurance policy if the person knows that the payee
 3499  knowingly submitted a false, misleading, or fraudulent
 3500  application or other document when applying for licensure as a
 3501  health care clinic, seeking an exemption from licensure as a
 3502  health care clinic, or demonstrating compliance with part X of
 3503  chapter 400.
 3504         (7)
 3505         (c) An insurer, or any person acting at the direction of or
 3506  on behalf of an insurer, may not change an opinion in a mental
 3507  or physical report prepared under s. 627.736(7) or direct the
 3508  physician preparing the report to change such opinion; however,
 3509  this provision does not preclude the insurer from calling to the
 3510  attention of the physician errors of fact in the report based
 3511  upon information in the claim file. Any person who violates this
 3512  paragraph commits a felony of the third degree, punishable as
 3513  provided in s. 775.082, s. 775.083, or s. 775.084.
 3514         (8)(a) It is unlawful for any person intending to defraud
 3515  any other person to solicit or cause to be solicited any
 3516  business from a person involved in a motor vehicle accident for
 3517  the purpose of making, adjusting, or settling motor vehicle tort
 3518  claims or claims for benefits under medical payments coverage in
 3519  a motor vehicle insurance policy personal injury protection
 3520  benefits required by s. 627.736. Any person who violates the
 3521  provisions of this paragraph commits a felony of the second
 3522  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3523  775.084. A person who is convicted of a violation of this
 3524  subsection shall be sentenced to a minimum term of imprisonment
 3525  of 2 years.
 3526         (b) A person may not solicit or cause to be solicited any
 3527  business from a person involved in a motor vehicle accident by
 3528  any means of communication other than advertising directed to
 3529  the public for the purpose of making motor vehicle tort claims
 3530  or claims for benefits under medical payments coverage in a
 3531  motor vehicle insurance policy personal injury protection
 3532  benefits required by s. 627.736, within 60 days after the
 3533  occurrence of the motor vehicle accident. Any person who
 3534  violates this paragraph commits a felony of the third degree,
 3535  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3536         (c) A lawyer, health care practitioner as defined in s.
 3537  456.001, or owner or medical director of a clinic required to be
 3538  licensed pursuant to s. 400.9905 may not, at any time after 60
 3539  days have elapsed from the occurrence of a motor vehicle
 3540  accident, solicit or cause to be solicited any business from a
 3541  person involved in a motor vehicle accident by means of in
 3542  person or telephone contact at the person’s residence, for the
 3543  purpose of making motor vehicle tort claims or claims for
 3544  benefits under medical payments coverage in a motor vehicle
 3545  insurance policy personal injury protection benefits required by
 3546  s. 627.736. Any person who violates this paragraph commits a
 3547  felony of the third degree, punishable as provided in s.
 3548  775.082, s. 775.083, or s. 775.084.
 3549         (9) A person may not organize, plan, or knowingly
 3550  participate in an intentional motor vehicle crash or a scheme to
 3551  create documentation of a motor vehicle crash that did not occur
 3552  for the purpose of making motor vehicle tort claims or claims
 3553  for benefits under medical payments coverage in a motor vehicle
 3554  insurance policy personal injury protection benefits as required
 3555  by s. 627.736. Any person who violates this subsection commits a
 3556  felony of the second degree, punishable as provided in s.
 3557  775.082, s. 775.083, or s. 775.084. A person who is convicted of
 3558  a violation of this subsection shall be sentenced to a minimum
 3559  term of imprisonment of 2 years.
 3560         (10) A licensed health care practitioner who is found
 3561  guilty of insurance fraud under this section for an act relating
 3562  to a motor vehicle personal injury protection insurance policy
 3563  loses his or her license to practice for 5 years and may not
 3564  receive reimbursement under medical payments coverage in a motor
 3565  vehicle insurance policy for personal injury protection benefits
 3566  for 10 years.
 3567         Section 61. For the 2021-2022 fiscal year, the sum of
 3568  $83,651 in nonrecurring funds is appropriated from the Insurance
 3569  Regulatory Trust Fund to the Office of Insurance Regulation for
 3570  the purpose of implementing this act.
 3571         Section 62. Except as otherwise expressly provided in this
 3572  act and except for this section, which shall take effect upon
 3573  this act becoming a law, this act shall take effect January 1,
 3574  2022.